Contrato de franquia pública: estudo da aplicabilidade do contrato de franquia ao serviço público

Abstract

This monograph, carried out by means of literature, propose to check the possibility, the legal basis and the means by which the public authorities can use the franchise agreement to foster the delivery of public services, in partnership with the private sector. For that was done, first, an analysis of the general aspects of the business franchise contract, especially from a legal point of view, and then sought to identify the main forms and hiring species practiced by the Brazilian Public Administration, aimed at the provision of public services, and then enter the study of public franchise, especially directed to the public service. This work is justified on the trend of new contracting arrangements for public services, based on contractual structures of private law, which fit with the relevant values to the public sphere, especially those that relate to the principle of efficiency, among which has been highlighted the franchise agreement. Along with the concrete case studies, Correios and Lotéricas, one comes to the conclusion to be legally possible and feasible the implementation of franchise by the Government for the optimization of certain services, provided that previously regulated by law, but observed the general rules of existing public law. For this is essential, also, prior and detailed analysis of the nature and characteristics of public service whose activity is intended to grant a franchise