A natureza constitucional do serviço postal em face da existência do contrato de franquia pública

Abstract

The present work aims to study the legal and constitutional nature of postal service due to the existence of the public franchise agreement, in which such type of contract is widely used in the private sphere, while in the public sphere there is the use of concessions and permissions and such contract is administrative contract, once it is established on public property. Is that the legal system has gaps concerning the regulation of these contracts, since the Federal Constitution presents exhaustive services to be provided under a monopoly by the Union list, while the constitutional legislation provides that the Postal Service's monopoly of the Union . That is, the Constitution does not establish the postal service as a monopoly, although typeapproved law that addresses this issue. Thus, there are postal services provided by individuals and current doctrinal and jurisprudential divergent because one understands how unique public service of the state and another as economic activity, in which there is free enterprise and free competition. To study the consolidation of the dialectical method due to the approach of jurisprudential and doctrinal differences on the issue will be used.