A terceirização do serviço público: da legislação à prática

Abstract

The Constitution of the Republic, to discuss the form of service in the Public Administration, determines the principles to be followed by public agencies, as well as the public services outsourcing possibilities, leaving the Government to provide for their regulation, supervision and control, according to the law, and their implementation shall be given directly or through third parties and also by individuals and legal entities of private law. The difficulty encountered in the examination of the activities of public service, subject to outsourcing is the definition of what would be regarded as complementary for the purposes of Article. 199, paragraph I, of the Constitution. Thus, on the assumption that outsourced services should complement and enhance those already provided by the Public Administration remains to verify the feasibility of complementarity be quantitatively and qualitatively to the Government. Emerging thus a notion of administrative legality, which links the idea of discretion, based on the basis of the choices made by public officials, necessarily in line with the legally protected values.