Aspectos fundamentais do serviço público no direito brasileiro

• Autor(a) principal: Dal Pozzo, Augusto
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5382
• topic: Serviço público; Regime jurídico brasileiro; Public service; Legal regime; Rule of law; Brazilian law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims at furthering the understanding of some of the main aspects of the public service institutes under Brazilian law. To this end, a two-pronged approach was adopted firstly focusing on "public service under the Social Rule of Law", and secondly on the "legal regime of the public service under Brazilian law ; thus having to leave aside aspects related to the rendering of said services. In the first part of this study, we offer a legal logics-based digression concerning the Rule of Law and it having become the Social Rule of Law as of the Brazilian Constitution of 1988; therefore we examine the influence of this new model over the preexisting public services as well as over those services created to materialize the social rights under the 1988 Charter. The second part of this study aims at providing the reader with a comprehensive view of the normative archetype overreaching public service under Brazilian law. To achieve our goal, it was indispensible to address the features governing public service institutes as originally conceived in France, and therefore identifying the criteria or requisites that universal legal doctrine has adopted to describe the legal phenomenon at issue. Next, we examined the institutes under Brazilian law in order to identify which requisites account for public services in Brazil. The definition of public service together with its governing principles is therefore the main focus of this study. Following this, we looked into the public services found under the text of the 1988 Constitution. Lastly, we attempt to demonstrate that one cannot speak of a "crisis of the notion of public services", because it is not possible to state that its legal regime has undergone any change due to the constitutionally-enshrined Social Rule of Law, which has as a fundamental aspect the rendering of public services responsible for ensuring the social rights of citizens, without leaving aside and failing to implement services offering the necessary conditions and means to ensure respect for the life of individuals