O regime jurídico das empresas estatais

Abstract

State intervention in the economic area, an issue far from being pacific by scholars, it can occur basically for providing a public service, for the direct exploration of an economic activity and regulation of certain activities, tasks that can be performed by called state-owned enterprises, members of the Indirect Public Administration which is subordinate to a particular legal regime, permeated by influences from both public and private law. This study begins by discussing the intricate relationship between the state and the market economy. Later, it will be developed the state's administrative organization, specifically the indirect administration, focusing on local authorities and state enterprises. Then, it will be analyzed the legal regime of public law, the legal system of private law, the relationship between them and which legal regime applicable to state-owned enterprises and their employees. Finally, it will be analyzed the phenomenon of the public law state-owned enterprises, and then it will be listed the conclusions and suggestions on the constitutionality of this phenomenon