Aplicabilidade do código de defesa do consumidor aos serviços públicos prestados mediantes concessão / An The Aplication of the Consumer Defence Code to Concessionaires in Charge of Operating Public Services

AUTOR(ES)

Waldirene Gobetti Dal Molin

DATA DE PUBLICAÇÃO

2005

RESUMO

This study focuses its analysis on the application of Consumer Defence Code to concessionaires in charge of operating public services. Thus makes a profound reflection on Public Services themselves analyzing its foundations in Europe as well as its principles and trademarks of the Law System in which it is regulated nowadays. This paper also approaches the nature of concessions and the regulations of Law n. 8987/95. Also, it focuses on the constitutional principle of consumer protection given by Brazilian Constitution of 1988 and other legal diplomas that followed with special attention to Law n. 8078/90 known as of Consumer Defence Code. In addition a detailed analysis of public services protected by Consumer Laws from a prospective of nature of services provided and how they are remunerated by its users pointing the difference between different forms of taxation. Demonstrates, in conclusion, that Brazilian of Consumer Defence Code has limited application on cases of public services operated by concessionaires because their status is somewhat restricted upon collective interest. The protection of economic equity between users and concessionaires and the conflicts of Laws regulating private and public interests are analyzed from a full application of of Consumer Defence Code perspective.

ASSUNTO(S)

concessões administrativas serviço público direitos fundamentais direito privado defesa do consumidor direito

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