Administração Pública DIRETA e INDIRETA (resumo) - Características, Diferenças e Exemplos

Summary

This video explains the key concepts of **direct** and **indirect** public administration, which are crucial for understanding Administrative Law, especially for public exams. Direct administration is centralized, directly managed by government bodies, while indirect administration is decentralized, involving entities with their own legal personality like autonomous bodies, public foundations, public companies, and mixed-capital companies. The video offers valuable insights into the roles and legal distinctions of these entities, making it a helpful resource for students and exam candidates. Viewers are encouraged to revisit the video and explore additional resources like the 'First Steps in Law' course for further learning.

Takeaways

• 😀 Public administration is divided into direct and indirect administration, which is important for public exams.
• 😀 Direct administration refers to government bodies directly linked to the executive branch, such as the president, governors, and mayors.
• 😀 Indirect administration involves legal entities separate from the Federation with more autonomy, like autonomous bodies, public foundations, public companies, and mixed-capital companies.
• 😀 Direct administration is centralized, where public services are provided by government bodies like secretariats or ministries.
• 😀 Indirect administration allows for more specialized and decentralized service provision through entities with their own legal personality.
• 😀 Autonomous bodies are created by law to provide public services and are examples like INSS, the Central Bank, and the Federal Revenue Service.
• 😀 Public foundations are similar to autonomous bodies but focus on a specific purpose, like the FUNAI, and are created from assets given legal personality.
• 😀 Public companies are fully owned by the public authority and cannot be listed on the stock exchange, examples being the Post Office and Caixa Econômica.
• 😀 Mixed-capital companies have mixed ownership with public and private capital, and their shares can be traded on the stock market, such as Banco do Brasil and Petrobras.
• 😀 The key difference between public entities (autonomous bodies and public foundations) and private entities (public companies and mixed-capital companies) is the employment status: the former have statutory public servants, while the latter have employees under the CLT (Consolidation of Labor Laws).
• 😀 Concessionaires and other private companies that provide public services by delegation are not part of public administration, although they serve the public interest.

Q & A

What is the difference between direct and indirect public administration?

Direct public administration is centralized and managed directly by government bodies such as ministries, secretariats, and agencies. Indirect public administration is decentralized, with public services provided by separate legal entities like public foundations, public companies, and mixed-capital companies, which have more autonomy.

Why was public administration divided into direct and indirect forms?

The division was made to improve efficiency. Some services are better managed through decentralized entities, which have their own legal personality and more autonomy, while others remain under direct control of government bodies for more centralized management.

What are the entities involved in indirect public administration?

Indirect public administration includes four types of entities: autonomous bodies, public foundations, public companies, and mixed-capital companies. Autonomous bodies and public foundations are public law entities, while public companies and mixed-capital companies are private law entities.

What is an autonomous body, and can you give examples?

An autonomous body is a public entity created by law to perform public functions, without carrying out economic activities. Examples include the National Institute of Social Security (INSS), the Central Bank, and the Federal Revenue Service.

How does a public foundation differ from an autonomous body?

Public foundations are similar to autonomous bodies but are distinct in that they are formed by giving legal personality to an asset for a specific public purpose. Unlike autonomous bodies, they are linked to specific assets, like a public hospital or research institute.

What are public companies, and how do they differ from mixed-capital companies?

Public companies are entirely owned by the government, and their share capital is not available for public trading. Examples include the Post Office and Caixa Econômica. Mixed-capital companies, on the other hand, have a combination of public and private ownership, with shares that can be traded on the stock market, like Banco do Brasil and Petrobras.

What legal framework applies to employees of public companies and mixed-capital companies?

Employees of public companies and mixed-capital companies are subject to the CLT (Consolidation of Labor Laws), which applies to private sector employees. They do not have tenure, unlike employees of autonomous bodies and public foundations, who are statutory public servants.

What is the primary distinction between entities under public law and those under private law in public administration?

Entities under public law (like autonomous bodies and public foundations) are part of the public treasury and perform public functions without engaging in economic activities. Entities under private law (like public companies and mixed-capital companies) engage in economic activities and are subject to the same legal regime as private companies.

What are some of the privileges of public law entities in the public treasury?

Public law entities in the public treasury, such as autonomous bodies and public foundations, have legal privileges like protection from asset attachment, extended legal terms in proceedings, and special treatment in paying debts through court orders.

How should public service entities like concessionaires and licensees be distinguished from public administration entities?

Concessionaires and licensees are private companies that provide public services by delegation, such as phone companies like Tim or Claro. They are not part of public administration, unlike the entities that directly or indirectly manage public services.