O Regime jurídico aplicável à EBSERH pela prestação de serviços públicos

• Autor(a) principal: Lopes, Marcela Jácome
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/44170
• topic: EBSERH; EBSERH; Empresa pública; Public company; Atividade econômica; Economic activity; Serviços públicos; Public services

The aim of this study was to approach the legal regime applied to the Brazilian Hospital Services Company - EBSERH, a federal public company, which creation was authorized by Federal Law number 12.550/2011 and which has social function to provide public services in health and education. The evolution of the concept of public company in the Brazilian legal system was evaluated with a constitutional and infralegal approach, based on Federal Law number 13.303/2016, known as the State Law. Subsequently, the concepts of economic activity exploration in the broad sense, economic activity in the strict sense and public service provision were also discussed. Immediately thereafter, the facts that preceded its creation was contextualized through the reproduction of data extracted from audits carried out by the Federal Court of Accounts and the Direct Action of Unconstitutionality - ADIN nº 4895, which questions the constitutionality of its law. Therefore, it was observed that EBSERH, as other Brazilian public companies, has a hybrid legal regime, based on public law norms and rules of private law. Thus, it is concluded that there is no inconsistency in the pursuit of public social services by an entity with a personality of private law, which is in conformity with constitutional discipline.