A prestação  privada de serviços públicos no Brasil / The public services provided by the private sector in Brazil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

Providing public services is an essential duty of the modern state. The purpose of this study is to analyse the manners in which the private sector in Brazil provide public services. First it analyses as a precondition to develop the central theme, the states administrative activities throughout Brazils three constitutional levels (the union, states, federal district and the cities) in which the public services are provided. Then it analyses how public services have developed since they were first offered by the State, to their transformation in being offered by the private sector. There then follows a study of artides 175, 223 and 21(XI) and (XII) of Brazils Constitution of 1988, which provide the grounds for the offering of public services throughout the levels of the federation. It closes with a study of how public services are delegated to the private sector. After it analyses the central theme of this study; the different types of public services that Brazilian law states may be delegated to the private sector. The study explains that under the 1988 Constitution, public services may be delegated to the private sector using three different forms: concessions; permissions, and authorisations. The text first examines the traditional method of delegating public service: the granting of concessions. The study then analyses the different forms of concession, which will act as a parameter for the other types of delegation. After a brief history of public service concessions, the study examines the legal meaning of "concession" under Brazilian law, the need for a public tender and how concessions are terminated. The characteristics of the concession are developed using three perspectives from what are called "participants" or "actors" in the concession relationship: the government, the concessionaire and the user of the services. The study then attempts to define a concept of a public services concession that ties in with the purposes of this study. In this context, the study then considers legal scholarship and the Brazilian legal system: sponsored concessions, or the public-private partnership (PPPs) the administrative concessions, the public-private joint venture and franchises. The study progresses to an analysis of the other types of delegated public services - the permissions and authorisations. In analysing these types of delegation - and especially the authorisation - the problem arising from modern legal scholarship is considered in the context of its relation with the other types of delegations of public services, and how it actually applies throughout the three constitutional levels.

ASSUNTO(S)

public services sponsored concessions concessão de serviço público public services licenses delegation of public services public service concessions public services authorisation public services provided by the private sector serviços públicos administração pública public-private partnership locação de serviço administrative concession franchises

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