ADMINISTRAÇÃO PÚBLICA INDIRETA: autarquia, fundação, empresa pública e sociedade de economia mista

Summary

This video tutorial provides an overview of Brazil’s indirect public administration, explaining key entities such as autarchies, public foundations, and state-owned companies (estatais). The speaker emphasizes the differences between entities based on their legal nature, functions, and organizational structures. The video also highlights relevant laws and provides practical examples of each entity, such as INSS, Petrobras, and the Caixa Econômica Federal. This content is designed to help students prepare for exams or gain a clearer understanding of Brazil's public administration framework.

Takeaways

• 😀 The Brazilian public administration is divided into two categories: direct and indirect. Indirect administration includes entities with their own legal personality created by direct administration entities (e.g., Union, States, Municipalities).
• 😀 Autarchies are public law entities created by specific laws to carry out administrative activities typical of the government. Examples include INSS and ANVISA.
• 😀 Public foundations can be of public or private law and serve to complement the state's functions. Examples of public foundations include federal universities.
• 😀 Autarchies have administrative independence, are controlled externally by bodies like the Court of Accounts, and cannot engage in economic activities except through specific mechanisms.
• 😀 State-owned enterprises (estatais) include public companies and mixed economy companies, with their legal framework following private law for commercial and labor matters, but with public sector oversight.
• 😀 The main difference between public companies and mixed economy companies lies in their capital structure. Public companies are entirely government-funded, while mixed economy companies have a blend of public and private capital.
• 😀 State-owned enterprises are subject to the CLT (Consolidation of Labor Laws) for employment matters and are not subject to bankruptcy, despite competing in the market with private companies.
• 😀 Public foundations that are created under public law are treated as autarchies, while those created under private law may have a hybrid status, depending on their operational characteristics.
• 😀 Examples of public entities in the Brazilian indirect administration include the **Caixa Econômica Federal** (public company), **Correios** (public company), **Petrobras** (mixed economy company), and **Banco do Brasil** (mixed economy company).
• 😀 Legal frameworks governing indirect public administration entities include the **Constitution of Brazil**, **Decree-Law 200/1967**, **Law 13.303/2016** (statutory law for state enterprises), and various scholarly works on public administration.
• 😀 Understanding these entities' roles, regulations, and the relationships between direct and indirect administration is crucial for those preparing for public service exams or legal studies.

Q & A

What is the primary function of the indirect administration in the public sector?

The primary function of the indirect administration is to decentralize the execution of public services and administrative activities, creating specialized entities that operate independently from the direct administration (Union, States, Municipalities, and Federal District).

What are the main entities that make up the indirect administration?

The main entities of the indirect administration are Autarquias (autarchies), Fundações Públicas (public foundations), Empresas Públicas (public enterprises), and Sociedades de Economia Mista (mixed-capital companies).

What distinguishes an autarquia from other entities in the indirect administration?

An autarquia is a public law entity created by a specific law to perform typical administrative functions of the government, such as regulation or public services, without engaging in economic activities. It has administrative autonomy but is subject to control by the direct administration.

Can autarquias engage in economic activities?

No, autarquias cannot engage in economic activities. They are strictly limited to administrative functions such as public regulation and social security, unlike Empresas Públicas and Sociedades de Economia Mista, which are allowed to engage in economic activities.

What is the difference between public foundations and private foundations in Brazil?

Public foundations are created by the government and may be structured under public or private law. They are designed to carry out public functions. Private foundations, however, are created by private individuals or entities with their own capital and do not serve public purposes.

What legal framework governs the creation of public foundations in Brazil?

Public foundations can be created under either public or private law. When created under public law, they are considered autarquias fundacionais, which function similarly to autarchies. When created under private law, they operate with a hybrid regime, blending public and private legal norms.

How do Empresas Públicas and Sociedades de Economia Mista differ in their structure?

The key difference between Empresas Públicas and Sociedades de Economia Mista lies in the ownership of their capital. Empresas Públicas have 100% public capital, while Sociedades de Economia Mista have a combination of public and private capital, with the government holding a majority share.

What type of law do Empresas Públicas and Sociedades de Economia Mista follow?

Both Empresas Públicas and Sociedades de Economia Mista follow private law for their civil, commercial, labor, and tax obligations, although they are subject to some public law norms, especially when providing public services or engaging in state-controlled activities.

Do employees of Empresas Públicas and Sociedades de Economia Mista have job stability?

No, employees of Empresas Públicas and Sociedades de Economia Mista do not have the same job stability as civil servants. They are considered public employees but are governed by the Consolidation of Labor Laws (CLT), meaning they are subject to regular labor laws in the private sector.

What role do Sociedades de Economia Mista play in Brazil’s economy?

Sociedades de Economia Mista, like Petrobras and Banco do Brasil, are mixed-capital companies that perform both public service functions and engage in commercial economic activities. They provide essential public services while also competing in the market alongside private companies.