BESERRA JÚNIOR, J. J.; BESERRA JÚNIOR, José Joacy.
Résumé:
The Federal Constitution of 1988 presents the outlines of the juridical-Brazilian notion
of public service. He/she makes like this him/it when it separates those activities of
those own of the matters, giving them to the State, for they be considered necessary
to the population, being configured as being a to owe-can and establishing the need
of creation of a specific norm to regulate the Indirect Administration of these services.
The constitutional Letter modified his/her understanding of municipal service in 1988,
because previously he/she didn't understand each other as essential service,
terminology used to delineate the possibilities of concession of the public services for
this federal being, delimiting like this the outlines of the Municipal autonomy. In the
material aspect the public service is characterized how being an activity of
installment of usefulness or comfort material frivol directly for those administered, that
the State assumes as own for if they treat from necessary activities to the social
interest. Here is here the nuclear aspect of the present researches. It is sought,
because, initially to understand the public service, through his/her evolution, concept
and execution forms, centralized and decentralized (permission, concession and
authorization), for soon soon afterwards to study the contract of concession of public
service deeply, making a careful analysis of his/her essence. At the end, the
research focuses the forms of extinction of the concession, being made an
abbreviation analysis of the reality of Sousa, in the moment of the extinction of the
contract of concession of the Public Administration with CAGEPA and the
consequent municipalization through DAESA, being concluded at the end that the
services of water and sewer constitute essential services of the Municipal district,
being able to, therefore, to return for his/her control, since respected the
determination of the Law 8.987/93.
