O que diz o STF sobre o regime de autorizações? Uma análise das ADIs nº 5.549 e nº 6.270

Abstract

[Purpose] To present the divergences regarding the concept of public service and compare them with the analysis of the judgments of ADIs nº 5.549 and nº 6.270, regarding the constitutionality of adopting the authorization model for the operation of interstate and international collective road passenger transportation services. [Methodology/approach/design] The methodology employed is based on a bibliographic review of public services and authorizations, as well as an analysis of the votes cast by the Justices of the Federal Supreme Court in ADIs nº 5.549 and nº 6.270. The article begins by presenting different doctrinal positions on the concept of public service, and then discusses the debates about authorizations as instruments for granting these services. Subsequently, an evaluation is made of the judgment rendered in ADIs nº 5.549 and nº 6.270. [Findings] The conclusion is that the Justices who voted in favor of constitutionality acknowledge that public services can be provided through authorization, but there is no unanimous position on the concept of public service, nor on its legal framework.

Keywords

• regulation law
• intervention
• regulatory strategies
• utilities
• authorizations