Consórcios públicos no ordenamento jurídico brasileiro

Abstract

This research aimed to understand the role of public consortia in Brazilian cooperative federalism, from the constitutional system inaugurated with the Federal Constitution of 1988, analyzing its conditions of possibility in the light of the Brazilian legal system. To this end, the process of formation and consolidation of cooperative federalism in the Brazilian constitutional system after 1988 was approached from a descriptive and historical legal methodology, bringing together elements that allow discussing the issue of fiscal imbalance, the organization of the federal state in contemporaneity and the execution of public services, (neo)constitutionalism, the role of the judiciary and Brazilian cooperative federalism today. Then, the main conceptual and normative aspects of Public Consortia were addressed, analyzing their formal emergence within the scope of the Brazilian legal system, in the context of the Administrative Reform of the State implemented with the advent of Constitutional Amendment no 19, of June 4, 1998, its main characteristics, its object and its legal prerogatives. To contextualize the dynamics of cooperative interaction through public consortia and understand the institutional practice of these federative mechanisms, the Interstate Consortium for Sustainable Development of the Northeast (Northeast Consortium) was used as an example, aimed at providing public services of common interest to the States -members of the Northeast region. From a theoretical perspective, this study relates to research that addresses the influence of the federal structure on social policies, the role of federative entities within the scope of Brazilian cooperative federalism and Public Consortia in Brazil. The analytical focus focuses on the conditions for the possibility of associated management of public services through Public Consortia and on the participation of subnational entities in the process of decentralization of public policies, dialoguing with works that highlight the performance of state governments in the Northeast region. By way of conclusion, it was understood that public consortia are mechanisms of inter-federative cooperation that can contribute to the balanced distribution of power, the maintenance and strengthening of Brazilian federalism, as well as providing greater efficiency in the implementation of public policies and in the provision of services. public services to the population, but still faces limits imposed by the constitutional federative system itself and cultural barriers typical of Brazilian politics.