The economic and financial economic imbalance of the user's default concession agreement as an objective and legitimatory criteria for public service interruption in the light of the principles of the Law Constitutional State

Abstract

The present doctoral thesis was divided into three parts: Part I - Public Service; Part II - Continuity of the Public Service; and Part III - Legitimizing Criterion of Public Service Interruption. In the first part, we approached the constitutional and infraconstitutional foundations of the public service institute and brought the main definitions brought by the administrativist doctrine, besides our conceptualization proposal. We also demonstrate the legal regime of public law and the importance of the French School of Law for the construction of the notion of public service. In the second part of this thesis we will address a point of extreme relevance, the principle of continuity of public service. To this end, we address the notions of consumer and user of the public service, as well as the main differences between tariffs and fees with respect to the kind of remuneration for public services. We will bring to the collation the view of contemporary national doctrine on the possibility or not of interruption of public service due to the default of the user, as well as the dominant position and exceptions in the jurisprudence of the Superior Court of Justice. The final part of this thesis will be elaborated in order to build what we defend as an objective and legitimizing criterion of the interruption of the public service due to the default of the user, considered the interest of the community, as determined by the General Law on Concessions and Permissions. Public Services and in light of the Constitutional Principles of the Democratic Rule of Law.