Análise da contratualização de serviços públicos essenciais junto ao terceiro setor à luz da improbidade administrativa: direito administrativo

Abstract

The present study aims to provide an in-depth understanding of the phenomenon of the judicialization of the activities carried out by the Public Administration in the form of promotion due to the constant confusion that lies, especially in the inspection sector, between this and what has been denominated as "outsourcing the public service". This phenomenon expresses a form of plastered and crystallization of a certain pre-conceived model State, intending to prevent that, within the constitutionally assured limits, the political majorities prevalent in the pluralistic democratic game are capable of putting into practice their government projects, shaping the profile and the instrumental of the public law according to the collective will. As is known, the Supreme Court has positioned itself on the constitutionality of the regulatory framework of the Third Sector, in the analysis of Federal Law 9,637 of 1998, according to ADI judgment No. 1,923 / DF, judged on April 16, 2012, published on December 17. 2015, which applied interpretation according to the Constitution to the aforementioned law. Nevertheless, the punitive public civil action has been arbitrarily used as a vector to orientate the performance of political agents, inhibiting that they can possess the legally authorized mechanisms of administration, which is notoriously distant from the purpose and function of mentioned process. In this sense, the analysis of the contractualisations of essential public services along the Third Sector in the light of administrative misconduct is necessary for the comprehension of the current phase of the Public Administration and the manner, pertinence and effectiveness in which the control of political-administrative acts in this field has been exercised