State foundations in the organization of the Brazilian State
DOI:
https://doi.org/10.11606/issn.2316-9044.v10i1p98-135Keywords:
Brazilian State Organization, Public Law, State FoundationAbstract
This paper analyzes the juridical nature of the state foundation as a legal entity of Private Law, in order to confront it with the jurisprudence of both the Supreme Federal Court and the Superior Court of Justice regarding the different models of state foundations. The state foundations of Private Law model has been conceived as a new way of organising the Brazilian State; it has been built on a flexible logical base, apart from the rules of Public Law. This study also addresses some political and fiscal aspects wich may undermine these foundations and which could cause the discontinuity of basic social services. Last, but not least, this paper presents some ideas for legislative and administrative control improvements that can be adopted at once.Downloads
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Published
07/01/2009
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The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en
How to Cite
Pereira, L. (2009). State foundations in the organization of the Brazilian State . Journal of Health Law, 10(1), 98-135. https://doi.org/10.11606/issn.2316-9044.v10i1p98-135