A revisão na concessão comum de serviço público

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The work that prays if it presents has for object the analysis of the main aspects of the juridical regime of the revision of the concessions common of public service, denominated like this legally those subject to the national Law 8.987/1995 and her necessary correlation with the state planning. The study is justified for two main reasons: the absence of specific studies due to the fact of the little or almost any attention that legislation, indoctrinates and jurisprudence has been giving to the theme, especially to the that we called of revision periodic or ordinary, besides to the state planning and, for the significant retaking of the use of that institute, starting from the last two decades of last century, in several western countries, like Brazil, starting from privatization programs that were taken to effect with the sale of state companies and review him of the public services that rendered to concessionary matters, before the fiscal and financial crisis and the deficit of state infrastructure. A new scenery is drawn then, especially for the services rendered publics before under monopoly predominance and now, under competition rule, also appearing new demands and subjects in the juridical extent, involving the economical-financial balance of the concession and the áleas or risks that threaten her, before the long period of duration and the bulky investments that it demands. Then, is urgent, the deepening of studies and of juridical treatment on the revision of these contracts, not only so that the constitutional warranty is executed of maintenance of the referred balance, but, above all, so that the duty is accomplished, also constitutional, of maintenance of the appropriate installment of the public service, the ones which, for his time, they need for they be reached, previous and enough planning of the it grants. Leaving of the concepts that we adopted as premises to the study and taking the planning as angular stone of the juridical regime of the revision, we will approach the warranty of the economical-financial balance, with focus in the decisive tariff politics to the remuneration and costing of the concession, for then, we treat properly of the revision in the extent of our juridical rules, especially in face of our Constitution whose treatment wealth delineates her juridical profile, besides the sense and reach of the expression for his/her bill and risk, that will demonstrate jointly with other aspects in the development of the work, along which we will face some defiant pertinent subjects for us to reach, at the end, our conclusions

ASSUNTO(S)

concessoes administrativas -- brasil servico publico -- brasil direito regime jurídico concessões de serviço público concessions of public service juridical regime

ACESSO AO ARTIGO

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