Concessão de serviço público: uma análise a respeito dos riscos e suas mitigações na prestação do serviço público delegado ao particular

Abstract

This paper deals with the concession of public service. For this, it was decided to make an initial survey of what the public service in the Brazilian scenario is. The concepts elaborated by the doctrine of this area of law are discussed, seeking to clarify how this delegation of public service provision can be used and the risks inherent in it. Under this bias, the possibility of allocating these risks is discussed, so that the user, can share with the State. In this context, it is verified the existence of failure in the inspection and search for the maintenance of the financial economic equation of the concession contracts. Firstly, the concepts inherent in public service delivery will be demonstrated, their classifications and their principles. Then, it will be about the concession of public service itself, because it is the object of this paper, has characteristics that make it a contract a little different from other public contracts, including the division of loss and profits from the activity. Finally, it will be analyzed the jurisprudence of the most varied states that demonstrate how the judicial power positions itself on the administrative areas that interfere in the contracts of concession of public service. Therefore, the methodology used is a bibliographical review, with a study of the norms and the legislation related to the administrative law with application for the concession of public service.