A natureza jurídica anômala das empresas públicas prestadoras de serviço público: aspectos materiais e processuais.

Abstract

Indirect administration, the result of administrative decentralization, reveals to us another facet of the State, aimed at satisfying the primordial needs of our society. In this sense, the State creates Autarchies, Foundations (with legal personality under public law or private law), Public Companies and Mixed Economy Societies. Along this path, public companies assume a fundamental role, in that they not only exploit economic activity, earning revenue from the treasury in an original way, but mainly provide public services and it is with a focus on this legal outfit (provision of public services) that the This study is dedicated to analyzing. When providing public services and more than that, when providing public services under a monopoly regime, some Public Companies are qualified with a legal transfiguration, so that the legal system, as well as the decisions of our superior courts, give these entities privileges and benefits of a material and procedural nature, prerogatives that, even for other Public Companies, are not recognized either by the legal framework or by the precedents of our Superior Courts. The objective of the present study is the analysis of this “legal anomaly” that, over time, has been created in our legal system and that in daily forensics is so discussed by several legal operators, whether they are lawyers, members of the public ministry, magistrates and those who work daily with the topic, the prosecutors. In order to achieve this objective, the deductive investigative method was used, with a focus on several bibliographic, legislative and jurisprudential researches. From this analysis, the importance of these entities is evidenced throughout the study, as our country, of continental dimensions and rich in social inequalities, mainly those of a geographical nature, the provision of services characterized as essential, must be provided by the Public Companies, because where the private sector does not propose to explore, the State proposes to implement the principle of human dignity in the corners of our country.