A gratuidade no serviço público de transporte coletivo urbano de passageiros sobre pneus

• Ano de defesa: 2007
• Autor(a) principal: Daou, Ana Cláudia Abboud
• Orientador(a): Aguiar, Marcelo Souza
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Gratuidades no serviço publico; Transporte coletivo urbano de passageiros; Concessoes adminsitrativas > Brasil; Transporte urbano > Brasil; Servico publico > Brasil
• Palavras-chave em Inglês: Public service; Passengers urban collective transport
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/7483

The work aims to investigate some problems related with the financing of the gratuitousnesses in the public service of passengers urban collective transport on tires. It starts from extracted subjects of the reality of the transport system of most of the Brazilian towns, as the public subsidies to the private concessionaires, the practice of crossed subsidies, the existence of people that are benefit by the gratuitousnesses, even not being in situation of abandonment, as well as the present conflict in the government decisions in the moment of defining the section of the society that should assume the cost of the social solidarity. It compiles the theory related with the matter, beginning with the approach of the constitutional principles of the economical and social order, having in view that the service of urban collective transport, in spite of being public , is rendered in general by private companies. In the sequence, it exposes the national and foreign doctrine pertinent to the notion of public service and the institutes of concession and permission, that constitute the base of the ideas presented at the end. It approaches the notion of public service in the Brazilian law and its change seeking to admit the private partner s larger autonomy, although such innovative ideas are not entirely applicable to the public service of current collective transport. Starting from reports supplied by the public organs responsible by the administration of the subway systems and urban bus in the city of São Paulo, as well as by the National Association of Public Transportations (ANTP), and complemented by specialists explanations that work in those institutions, it introduces technical data that allow to visualize the current situation of the system and the social and economical user s profile. At the end, it analyzes the Constitutional Text, with the aid of traditional and modern interpretative methods, and it concludes that, in face of the Brazilian reality, the ideal is the adoption of criteria that limit the gratuitousnesses concession to the needy people. It further deduces that the public power should be attentive to the principles of equality and to the economical-financial balance of the contract, as well as to the other principles of the public service. It ends concluding that the public service demands that the Administration harmonizes the need of modernization of the activities with the materialization of the material equality - by protection of the needy user s rights, however without neglecting the respect to the common user s right