O contraditório e a ampla defesa no processo administrativo pertinente a serviço público prestado mediante concessão / The adversary proceeding and the full defense in the administrative procedure regarding public service provided through concession

AUTOR(ES)

Chede Mamedio Bark

DATA DE PUBLICAÇÃO

2005

RESUMO

The study under discussion aims at setting forth a parallel between the administrative procedure of public agents and that of the companies which provide services. On the grounds of the comparison between the disciplinary administrative procedure and that of the companies which provide public services, we shall analyze the administrative controls, the public services, the administrative procedure, particularly highlighting the differentiation between procedure and proceeding, and the public bidding procedure, as well, and we shall conclude with the analysis of the adversary principle, always bearing in mind the preservation of the Due Process of Law, so as to be able to devise an eventual regulatory administrative procedure of the companies which provide public services through concession. The subject matter is highly important in the present situation, insofar as our country is being pervaded by a growing feeling of impunity regarding the acts of malfeasance, not only performed by public servants, within the Public Administration itself, but also by the companies which benefit from such criminal acts, bearing in mind that public agents, making use of their public positions, violate the law and do not undergo any sanctions, or when they do, such punishing acts are eventually nullified, whether in the range of the Public Administration itself, whether through judicial measures, where the infraction of the settled Constitutional Principles of Adversary Proceeding and Full Defense is acknowledged. The Administrative Procedure, as a means of verification and punishment of violating acts practiced by public agents and companies involved in activities under the management of the Public Administration, aims at sustaining the supremacy of the public interest in those concrete events in which the Law acknowledges such supremacy, submitting itself to its discipline, always targeting on the preservation of the Constitutional Principles of Adversary Proceeding and Full Defense, settled in our legal system, so as to have a true Democratic Rule of Law established (article 1st of the Federative Republic of Brazil Constitution).

ASSUNTO(S)

direito concessões administrativas direito administrativo processos administrativos

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