Controle da concessão de serviço público

Abstract

This thesis deals with the control over the concession of public services. Firstly, there are general considerations about public services, focusing on the concept, the inherent principles and the possible delegation of their execution to private entities. Chapter II refers to the study of the legal regime of concession of public services, based on the legislative jurisdiction and the analysis of the ruling pçrinciples of the mentioned contract: continuity, mutability of the legal regime and the equal rights of users. This chapter covers subjects on the legal nature, extinction, sub-concession and transference of concessions. Later it is verified the regulatory control over public services, informed by means of state intervention, with the consequent penalties, not only within periods of institutional stability, but also under the state of siege. Next, it is developed the subject of financial control of concessions, with special attention to the tariff policy of the contract, without breaking its economic-financial balance. The procedures to readjust and review tariffs, according to the principle of moderateness, are mentioned. In this chapter we also verified the tax regime of public service concessionaires. At the end, there is a chapter destined to the jurisdictional control of public services, with reference to the Code of Consumer s Defense and to the law of public service users, aiming to limit the responsibility of the concessionaire, in case of occasional damages caused by third parties. In this last chapter it is also commented the possibility of filing a court injunction against acts of a public service concessionaire. The last subtitle concerns the application of arbitration in concession contracts