The role of the brazilian court of audit in control of public services delegates

Abstract

The present article aims to demonstrate the form of action the Brazilian Court of Audit in the control of public delegates. To achieve this objective, was conducted extensive research on the doctrinal term public service, at which one can conclude that there is not unanimity among the lawyer about the matter. The provision of public services that in the early twentieth century was almost entirely supported by the state, gradually transferring to private individuals, through delegation of the former to the latter. Among other factors that led to this transfer, was the need to reduce the size of the state in order to reduce the costs of administrative machinery. So that society was not prejudiced by the provision of public services of low quality, it was necessary to create organisms capable of regulating the relationship between citizens and agents delegates. In our legal system, such a task is in charge of regulatory agencies that perform the primary control over how services are being provided, noting, among other things, whether the public interest being served, and whether the fees charged are consistent with what was agreed upon at the concession made by the State. At the Court of Audit meets the call hold control of second order. Through this control the Court of Auditors is able to check whether the regulatory agencies are fulfilling their legal and constitutional, in order to protect the public interest and ensure the provision of efficient services to citizens. At the end, is necessary to say that this article was not public in any vehicle.