Can the public service be rendered in an environment of competition, or does it presuppose a regime of privilege or exclusivity?

Abstract

The notion of public service had its conceptual roots shaped by the French jurisprudence and doctrinal work, in the mid XIX century. However, as years elapsed, the institution of public service began to undergo several transformations. In Brazil, especially after a program of State Reform carried out in the 1990’s, the regime for rendering public services took on new levels of discussion. The shrinkage of the model of the State-Entrepreneur and the expansion of models of articulation between the Public Power and the Private Sector gave rise to a debate, for example, about the possibility for certain public services to be rendered in an environment of competition – which is still countered by certain sectors of the doctrine. This paper aims at discussing exactly this possibility and the possible benefits of rendering public services in a competitive model; or if the conception that rendering public services necessarily presupposes a regime of privilege and exclusivity remains.