Instrumentos estatais de outorga de uso privativo de bens públicos

Abstract

In order to successfully perform its increasingly complex duties, not only does the Public Administration require the power, but also a series of other elements, such as property, that may provide material support to its activities. Thus, public property is turned into a tool to help the Public Administration perform its duties, and therefore represent an important public resource and support for the achievement of public policies. It is crucial that public property be distributed in view to its adequate use and the legal institution that might be apt to carry out such use, as well as the choice for the best time to perform it in accordance to public interest. This work intends to focus on the public means to grant the use of public property to private entities, since such means are deemed more appropriate for that purpose than the ones contained in private law. Moreover, its structure is based in administrative law regulations, which should be more adequate for managing the use of public property by the State. The present study represents the analysis of the institutions that authorize, permit and grant the use of public property as legal categories, identifying at the same time some consensus in the applicable legal system with regard to public real estate. This effort was made towards organizing the entities that grant conveyance of use, whereas labels were less stressed (although not ignored) than the content of such grants