System S: law, legal entity under private law and constitutional services not exclusive to the state

Abstract

This paper aims to discriminate the elements of the S System, from its form of creation, through the publication of a law or equivalent normative act, through its object, its hybrid legal regime and the discrimination of non-exclusive constitutional services of the state . Certainly, an outline was made about the constituent elements of autonomous social services, starting with their legal genesis, the way in which the entities analyzed were created, as well as the legal instruments that can be used for this purpose and their legal organization. The methodology consisted of the analysis of doctrine and jurisprudence, using bibliographic and documentary methods, with emphasis on the sources of the General Theory of Law. It was concluded that the legal conformation of autonomous social services is conferred by the State based on the law that creates the entity. With regard to the legal regime, it was demonstrated that, in the relationship between them and private individuals, the rule is the application of the legal regime of private law and the internal rules of the entity itself. In another round, as these entities provide services of relevant social interest through the transfer of taxes or public funds through a management contract, they are subject to the strict regime of public law in the final control relationship that the State exercises and in budget rules. It was also shown that they perform social services, listed in art. 6 of the Federal Constitution, which are not exclusive to the State.