Foundation of private law governed by rules of public law: analysis of judgment rendered in MS (writ of mandamus) 32.703/DF

Abstract

This article analyzes MS (writ of mandamus) 32.703/DF, which determined the need for the submission of the Banco do Brazil Foundation to the legal regime of public law, when passing on financial resources from a public nature to other people. The subject of the investigation was the subject matter of limits on the incidence of public law rules in legal entities governed by private law, taking into account the subject of state foundations under private law, as well as the thesis of abuse of legal forms and thesis of administrative fraudulent distortions – both cases, absolutely, fraudulent means of reaching ends in the legal system of Brazilian law.