Da extensão do serviço público essencial ao plano individual.

Abstract

Especially, the complex mechanisms existing in society have their best understanding when directed to a genuine and real appreciation of human development. The needs and desires of society transcend the Law itself, so that all the direction of public services (which in turn are the institution of these desires) must also be prior to the State, guiding it in its structuring for the pursuit of its purposes , which invariably and the public good, satisfaction of social needs. While public services have an indeterminate legal concept, it does not mean that they are unidentifiable. Social needs are the core of the concept, while social interests are located between the core and the boundary of the concept. These public interests vary in intensity, given the degree of need that an activity or service can achieve in importance to society. The adequacy, purpose, recipients and the variation of this essentiality, and the classification of public services can be seen. Given this classification, characteristics that mark the notion of essential public service in the national legal system are evident. They are the generality, which restricts the essentiality to the services of general enjoyment, uti universi, and the state egocentrism, where it is verified by the fact that only the State's own services are considered essential. In this perspective, the purpose of protecting society is avoided, since the defense of citizenship and the dignity of the human person (foundations of our Republic, embodied in the first article of the Federal Constitution), necessarily involves the protection of citizens in their uniqueness. If they are considered essential services for a dignified life in society, and taking advantage of the constitutional foundations of citizenship, the dignity of the human person and the principle of equality, the supreme value contained in the Preamble of the Federal Constitution, the character of essentiality also covers the needs of the citizen in its uniqueness, and with that, the services individually enjoyed. This essentiality goes beyond the legal provisions and the no longer current lessons of most of our doctrine. It must cover those needs that are presupposed to a decent minimum standard of living, according to the prevailing concept of the majority. Concluding the extension, as for the principles, in addition to generality, all the other principles enshrined in law are also extended, and in particular, that of continuity. Therefore, the extension of public service essential to the individual plan is constituted.