Os consórcios públicos e a efetividade dos direitos fundamentais à saúde e ao meio ambiente ecologicamente equilibrado

• Ano de defesa: 2008
• Autor(a) principal: Silva, Cleber Demetrio Oliveira da
• Orientador(a): Ruaro, Regina Linden
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITO ADMINISTRATIVO; CONSÓRCIO ADMINISTRATIVO; POLÍTICAS PÚBLICAS; DIREITOS FUNDAMENTAIS
• Link de acesso: http://hdl.handle.net/10923/2440

The objective of this paper is to examine the institute of public association created by Federal Law 11. 107/05 with the purpose to check its application to the public policies that guarantee constitutional rights as the right to health and the right to the clean and preserved environment. The deductive and hypothetical-deductive methods are applied to approach to this paper. In terms of procedure, historical and comparative methods are used in this research. The law interpretative method used in this study is the topic-systematic. The Section I presents the doctrinal aspects about public associations, in which public association is defined as a agreement among federal entities in order to reach common purposes, having, therefore, law nature of agreement. Considering 1988 Brazilian Constitution as the historical beginning point, the Section II investigates all the elements present in our law system related to the public associations in order to delineate with the most precision the public association’s legal context in our country nowadays, concluding that there is a consolidated federal law system in Brazil, which guarantees interested entities to create public associations, composed of the following rules: Law 8. 080/90 (Health National Policy, article 10); Law 9. 433/97 (Water-supply National Policy, articles 47 and 51); Constitutional Amendment 19/98 (Administration Reform); Law 11. 107/05 (Public Associations National Policy); Law 11. 445/07 (Basic Sanitation National Policy, articles 13, 15, item II, and 16) and Decree 6. 017/07 (Public Associations Regulation).The Section III examines the possibility of using public associations for implementing public policies, pointing out the need and importance of the planning and controlling phases by public associations. This Section also dedicates special attention to the issues connect to the civil liability for damages caused by planning failures of the Public Administration. Finally, the Section IV studies the using of public associations for implementing constitutional rights as the right to the health and the right to the clean and preserved environment, making references to the main constitutional concepts related to the issue and concluding that is absolutely possible to use public associations for implementing those constitutional rights, therefore, confirming the intuitive notion about the importance of the public associations as useful tools for implementing public policies.