Desocupação pelo estado de estabelecimentos comerciais nas autarquias federais: uma análise de caso na Universidade Federal da Paraíba

Abstract

The present research has the objective to analyze the vacancy of properties belonging to the Federal University of Paraíba for the execution of a bidding procedure. The initial study focuses on the history of public assets, their conceptual aspects, characteristics and classification. Public assets are those owned by legal entity under public law, and have as purpose to satisfy the collective interest. This estate may be used by individuals, through specific instruments, after the regular bidding procedure. In the present case, private individuals contracted with the autarchy to market their goods at the University, without compulsory bidding. After decades, the Administration required the vacancy of the assets to carry out the procedure, aiming to respect the competition between interested parties and to extol basic principles such as impersonality and legality. It happens that the workers obtained heir livelihood from those establishments, that were its only source of income. So that vacancy did not occur, a Public Civil Action was filed, represented by the Federal Public Defenders, requesting the permanence of these individuals at the commercial point in which they worked, proposing the renewal of these contracts for the use of public property by private individuals. To analyze the possibility of a right of inheritance at the commercial point, one must be verify first wich legal regime will rule governs the relationship between administration and the individuals, as well as emphasize which of the interests should have priority, whether public or private. In addition to researching in the doctrine the mind about the subject, it is imperative to understand how the Brazilian courts position themselves. After doctrinal and jurisprudential analysis on the question, it can be concluded about the possibility or not of granting the right intended by the workers.