Post by account_disabled on Jan 10, 2024 11:01:19 GMT
of the creation laws and the type of activity they perform, as well as their submission or not to a competitive regime. Also emblematic, to the mister, are the decisions of the STF regarding professional municipalities (ADC 36, from ADI 5,637, ADPF 367), corporations that have always been traditionally studied with the profile of municipalities and subordinated to a predominantly public regime. At the time, the STF rightly decided that "Professional councils enjoy wide autonomy and independence; they are not subject to the institutional, political, administrative control of a ministry or the Presidency of the Republic, that is, they are not part of the organic structure of the State . They do not have and do not receive .
interference from the State in the most relevant aspects of their structure — indication of their leaders, approval and supervision of their own financial programming or even the existence, we can call it, of an internal budget" , [concluding that] " deserves to be given to the infraconstitutional legislator some margin of conformation in the discrimination of the regime applicable to these entities, understanding the need to impose certain requirements of the leg Phone Number List al regime of public law, along the lines of what is stated in ADI 1.717, but well understood also the importance of if we identify aspects that deviate from the pure regime of Public Finance" [7] . The jurisprudential guidelines cited throughout this essay admit the notion of .
organizational polymorphism in each of the federal units, to demonstrate that, despite the legislative treatment given to entities of indirect administration at the federal level and beyond (eg, Decree-law 200/67 , articles 4th and 5th), particularities stand out and always depend on the political options made by the ordinary legislator. Some time ago I wrote (here at ConJur ) that the legal regime of public administrations in Brazil is hybrid and variable, mixing elements, institutes and concepts of public and private law, aspects of legality and autonomy of wills. And that the greater or lesser incidence of the rules of public law and private law in the relations established by public administrations depends on factors .
interference from the State in the most relevant aspects of their structure — indication of their leaders, approval and supervision of their own financial programming or even the existence, we can call it, of an internal budget" , [concluding that] " deserves to be given to the infraconstitutional legislator some margin of conformation in the discrimination of the regime applicable to these entities, understanding the need to impose certain requirements of the leg Phone Number List al regime of public law, along the lines of what is stated in ADI 1.717, but well understood also the importance of if we identify aspects that deviate from the pure regime of Public Finance" [7] . The jurisprudential guidelines cited throughout this essay admit the notion of .
organizational polymorphism in each of the federal units, to demonstrate that, despite the legislative treatment given to entities of indirect administration at the federal level and beyond (eg, Decree-law 200/67 , articles 4th and 5th), particularities stand out and always depend on the political options made by the ordinary legislator. Some time ago I wrote (here at ConJur ) that the legal regime of public administrations in Brazil is hybrid and variable, mixing elements, institutes and concepts of public and private law, aspects of legality and autonomy of wills. And that the greater or lesser incidence of the rules of public law and private law in the relations established by public administrations depends on factors .