Revista Digital de Direito Administrativo
The Administrative Law Digital Review of USP - RDDA (ISSN: 2319-0558) is a digital and free journal created to promote the publication of scientific articles in the field of general and sectoral administrative Law. Articles must aim to evidence the relationship between Law, Public Administration and development. Authors are therefore asked to take into account one of the following questions: how can legal administrative problems harm State and society? How do new institutes and rules of administrative Law contribute to the proper functioning of the Public Administration and, ultimately, improve living conditions? Articles in english, german, spanish, french and italian may be published are accepted for publication in the original version.
Universidade de São Paulo. Faculdade de Direito de Ribeirão Preto
Autores que publicam nesta revista concordam com os seguintes termos: Autores mantêm os direitos autorais e concedem à RDDA o direito de primeira publicação, com o trabalho simultaneamente licenciado sob a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. que permite o compartilhamento do trabalho com reconhecimento da autoria e publicação inicial nesta revista. Autores têm autorização para assumir contratos adicionais separadamente, para distribuição não-exclusiva da versão do trabalho publicada nesta revista (ex.: publicar em repositório institucional ou como capítulo de livro), com reconhecimento de autoria e publicação inicial nesta revista (referência à RDDA). Autores têm permissão e são estimulados a publicar e distribuir seu trabalho online (ex.: em repositórios institucionais ou na sua página pessoal) a qualquer ponto antes ou durante o processo editorial, já que isso pode gerar alterações produtivas, bem como aumentar o impacto e a citação do trabalho publicado (Veja O Efeito do Acesso Livre).
Challenges of regulating “digital life”: protection and disruption
The digitalization of social and economic relations has challenged traditional models of legal regulation, particularly in contexts shaped by artificial intelligence, digital platforms, and data-driven markets. These technologies generate new forms of informational asymmetry, concentration of power, and systemic risks to fundamental rights, demanding regulatory approaches that go beyond sector-specific or purely reactive frameworks. This paper addresses examines how the regulation of “digital life” can be structured under conditions of continuous technological disruption. It advances the hypothesis that effective digital regulation tends to assume a hybrid, responsive, and multi-level character, combining state regulation, supervised self-regulation, and regulation by technological design. The study aims to (i) analyze the current legal foundations of digital regulation, (ii) explore tensions between innovation, market dynamics, and fundamental rights, and (iii) propose an integrated reading of adaptive regulatory strategies. Methodologically, the research adopts a qualitative approach, combining doctrinal legal analysis, critical literature review, and examination of selected national and international cases. A deductive-analytical method is employed to assess how regulatory instruments respond to market failures, technological risks, and power asymmetries in digital environments. The article’s main contribution lies in conceptualizing digital regulation as a dynamic process of co-production between legal norms, technological architectures, and market practices.
Artificial intelligence, national security and due process of law: the Anthropic v. Department of Defense case and its implications for Brazilian Administrative Law
The incorporation of artificial intelligence systems into state activities related to national security has raised concerns regarding the compatibility between automated or AI-assisted decision-making and the fundamental guarantees of due process of law. This article examines this issue through the analysis of the case Anthropic v. Department of Defense. Adopting an analytical and comparative approach, the study explores how the U.S. experience may provide interpretative parameters for the development of institutional safeguards within the Brazilian legal system. In this context, the article examines the constitutional foundations of due process, as well as relevant regulatory instruments such as the Brazilian General Data Protection Law, the Digital Government Law, and ongoing regulatory debates on artificial intelligence. It concludes that the use of algorithmic systems in high-impact administrative decisions requires strengthened mechanisms of transparency, auditability, and judicial oversight in order to safeguard procedural guarantees and preserve the legitimacy of governmental decision-making in technologically complex environments.
Railway transport infrastructure off the tracks: structural lag, challenges and new models
This article analyzes the structural lag in Brazil’s railway transport infrastructure, highlighting how successive political-institutional choices, associated with an economic model historically oriented toward commodity exports, contributed to the institutional and logistical lock-in of the transport matrix around a road-centered axis. In this context, it critically examines the limitations of the Brazilian model of partnerships with the private sector, especially in privatization processes that, although aimed at attracting investment, proved insufficient to promote the coordinated and integrated expansion of the railway network. The expression “off the rails” is used to indicate the absence of a stable railway policy, the discontinuity of public strategies, the loss of prominence of railways in the national transport matrix, and persistent structural problems, such as the lack of standardization of track gauges. These elements are essential to understanding the structural challenges faced by the new legal-administrative models designed to expand the sector. Based on this diagnosis, the article evaluates the innovations introduced by the legal framework for railway transport, especially Law No. 14,273/2021, regulated by Decree No. 11,245/2022, from the perspective of their capacity to promote the integration, modernization, and development of railway transport in Brazil.
Copyright (c) 2026 Irene Patrícia Nohara, Victor Nunes Carvalho https://creativecommons.org/licenses/by-nc-sa/4.0
Transnational administrative law: the efficacy and recognition of foreign administrative acts in Brazil
<span lang="EN-US" style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 115%; font-family: 'Calibri',sans-serif; mso-ascii-theme-font: minor-latin; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin; mso-bidi-font-family: 'Times New Roman'; mso-bidi-theme-font: minor-bidi; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;">This article analyzes the efficacy and recognition of foreign administrative acts in Brazil from the perspective of Transnational Administrative Law. It starts from the premise that the intensification of transnational relations and the international circulation of persons, documents, professional qualifications, and administrative legal situations challenge the territorial tradition of Administrative Law. The research problem lies in the observation that the Brazilian legal system lacks a general framework on the subject, especially in light of the growing internationalization of the lives of individuals subject to administrative action. It argues that Brazilian law should adopt a dualist model based on functionality, in which automatic recognition is justified only when there is a specific normative basis, whereas, in other cases, conditional or simplified administrative recognition should prevail, guided by functional equivalence, legality, public policy, and fundamental rights. The research adopts the deductive method, using the Apostille Convention and the recognition of foreign diplomas within Mercosur as examples. It concludes that the Brazilian gap is not merely legislative, but also dogmatic, since there is often confusion between the validity of the foreign administrative act and the efficacy of its effects in the host State.
The legal framework of mandatory parliamentary amendments: constitutional limits and transparency challenges
<span lang="EN-US" style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 115%; font-family: 'Calibri',sans-serif; mso-ascii-theme-font: minor-latin; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin; mso-bidi-font-family: 'Times New Roman'; mso-bidi-theme-font: minor-bidi; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;">This article analyzes the legal framework of mandatory parliamentary amendments in Brazil, focusing on their constitutional limits and the challenges related to transparency and public spending efficiency. It begins with the evolution of the Brazilian budgetary model, originally characterized by its authorizing nature, which has progressively incorporated elements of mandatory execution through Constitutional Amendments No. 86/2015, 100/2019, 105/2019, and 126/2022. The study examines the institutional implications of this transformation within the context of coalition presidentialism, highlighting both its potential to strengthen the role of the Legislature and the risks associated with fragmented planning, inefficiency, and reduced transparency. It further explores the legal nature of parliamentary amendments and the jurisprudential developments of the Brazilian Supreme Federal Court, particularly in ADPFs 850, 851, 854 and 1014 and ADI 7.697, which establish a model of relative mandatory execution conditioned upon technical criteria, transparency, and accountability. Finally, the article evaluates Complementary Law No. 210/2024 as a regulatory instrument aimed at consolidating.
Governance in smaller size state-owned companies: how the Union, the Federated States and the Federal District regulated the area of compliance according to art. 1o, § § 1o and 3o of Law no 13,303/2016?
This article analyzes how the Union, the Federated States and the Federal District have regulated, through decrees, the compliance area in smaller size state-owned companies pursuant to art. 1o, § 1o and 3o, of Law no 13.303/2016. The objective is to verify the degree of adherence of these standards to legal. The research has a qualitative approach, of descriptive and comparative nature, based on documentary analysis of the decrees of the federal entities, supplemented by bibliographical review. The results show high regulatory heterogeneity, with significant variations in the level of detail. It is concluded that although factors such as economic size, operational complexity and institutional context influence the normative choices, they do not legitimize the suppression or weakening of structures and functions of compliance, internal controls, risk management and integrity, essential to good governance in state-owned enterprises.
Copyright (c) 2026 José Pedro Oliveira Rosses, Carlos Renato Lauz Petiz Junior https://creativecommons.org/licenses/by-nc-sa/4.0
Gender-responsive public procurement in Brazil: history, critical analysis and normative possibilities after article 25, §9 of Law 14.133/21
This article examines the historical trajectory and normative framework of gender-responsive public procurement in Brazil, from decentralized quota experiments in public works to federal consolidation through Article 25, §9 of Law 14,133/2021 and Decree 11,430/2023. Employing an analytical matrix that crosses Martha Fineman’s vulnerability assets (physical, human, and social) with Nancy Fraser’s dimensions of justice (redistribution, recognition, and representation), this study diagnoses the strengths and pathologies of the Brazilian model, which centers on formal employment generation for women victims of domestic violence. The article concludes that requiring institutional recognition as a victim produces pathogenic vulnerability, proposing the substitution of the access criterion with socioeconomic vulnerability assessed through the Cadastro Único, alongside normative prescriptions for professional training, sectoral diversification, and beneficiary participation.
Unjustified regulation: Disregarding the do-nothing option in Regulatory Impact Analysis, Brazilian Health Surveillance Agency, from 2016 to 2021
The research covered 173 Regulatory Impact Analysis reports issued by the Brazilian Health Surveillance Agency - Anvisa from 2016 to 2021. The main findings reveal that the RIA methodology in use at that point in the Agency encapsulates a criterion that, in practice, precludes the recommendation of the “do nothing” option. Although widely accepted that RIA must recommend the disapproval of regulatory proposals incapable of changing the status quo for the better, Anvisa’s RIAs assigned a positive score and a favorable result for proposals that, according to the RIAs themselves, were equivalent to unnecessary regulation or regulation that were not worth the implementation and subsequent monitoring efforts. The data indicates that, under the analyzed RIA model, Anvisa had a structural preference for regulatory intervention to the detriment of the status quo option.
The modification of the industrial property fee system through sub-legal acts: Limits of Regulatory Power and the Principle of Legal ReservationLimits of Regulatory Power and the Principle of Legal Reservation
The article examines the legal compatibility of Ordinances GM/MDIC No. 110/2025 and INPI/PR No. 10/2025 with the Brazilian industrial property legal framework, particularly in light of the limits of regulatory power and the principle of legal reservation. These provisions introduced a concentration of fee collection at the filing stage, resulting in the substantive depletion of a post-grant phase provided for in Law No. 9,279/1996. Adopting a doctrinal legal methodology, based on a systematic analysis of legislation, legal scholarship, and elements of comparative law, the study demonstrates that the bifurcated fee model constitutes a structural element of the administrative procedure for granting patents and registering trademarks. It is argued that the reform reorganizes the structure of public fees and entails a substantial modification of the procedural logic established by law, amounting to normative innovation incompatible with the hierarchy of legal sources and the principle of administrative legality. The article concludes that redefining the fee structure in the field of industrial property, as it involves an essential element of the legal regime, requires formal legislative amendment, rendering its implementation by means of sub-legal acts invalid.
Brazilian Patent and Trademark Office (INPI)
Management of Public Health Services: Social Organizations in Brazil and NHS Foundation Trusts in the United Kingdom in Terms of Autonomy, Community Governance, and Oversight
This article presents a comparative analysis of the Brazilian model of Social Organizations (OS) and the United Kingdom’s NHS Foundation Trusts, focusing on institutional autonomy, community governance, and oversight. Although portrayed as similar hybrid models for public health management, they differ significantly in structure, regulation, and democratic legitimacy. In Brazil, OS enjoy broad contractual autonomy, lack national standardization, and operate under fragile mechanisms of public participation. In contrast, NHS Foundation Trusts — established by the Health and Social Care Act 2003 — are legally required to implement community governance, maintain direct parliamentary accountability, and undergo rigorous external oversight by NHS England and the Care Quality Commission. The findings suggest that problems in the Brazilian model stem from weak regulatory structures, insufficient accountability, and a lack of participatory governance. The British experience demonstrates the importance of strong legal frameworks and institutional checks, though the article emphasizes that direct transplantation between systems with different political and historical contexts is neither feasible nor desirable. Nevertheless, Brazil can draw relevant lessons from the UK regarding oversight, transparency, and community involvement.
Copyright (c) 2026 Daniel Belanga https://creativecommons.org/licenses/by-nc-sa/4.0
Infrastructure as reversible assets in concessions: controversial aspects of reversion and compensation
The article analyzes the legal regime of reversionary assets in public service concessions, pro-posing a tripartite typology (public, private, and third-party assets). It argues that the immediate reversion of essential infrastructure upon contract termination does not require prior compen-sation. The study addresses “conclusive rebalancing” and the administrative procedures inherent to the transition of service providers. Finally, it presents legal solutions based on the LINDB and Law 14.133/2021 for investments made by the former concessionaire after the contract expires.
Copyright (c) 2026 Thiago Marrara https://creativecommons.org/licenses/by-nc-sa/4.0
Digital social control and administrative law in light of Law No. 14,129/2021
In view of democratization trends in administrative law and the changes brought about by digital government, Law No. 14,129/2021 establishes the promotion of social participation in the oversight and monitoring of Public Administration. Despite broad internet access, the issue of social inequality becomes more acute when social control is conditioned on the citizen’s active engagement in the digital environment and on their knowledge of the forms and relevance of such control. The objective of the research was to analyze the conditions for the effectiveness of social control and the democratization of the digital public sphere under Law No. 14,129/2021, based on the hypothesis that these conditions face structural barriers that reduce the effectiveness of new governance standards. The methodological approach was deductive. The results indicate progress in the digital enhancement of Public Administration, highlighting the democratic nature of social control. Obstacles caused by social inequality and digital invisibility in social control were observed, in addition to infrastructure issues and insufficient preparation of public agents. Finally, the study reflects on the effectiveness of Law No. 14,129/2021 in promoting social participation in the oversight and monitoring of Public Administration.
Copyright (c) 2026 Pedro Luiz Ferreira de Almeida, Amanda Figueiredo de Andrade https://creativecommons.org/licenses/by-nc-sa/4.0
Tax Administration in CODEVAR municipalities: empirical analysis and institutional challenges
This study examines the municipal tax administration of the municipalities that comprise CODEVAR — an intermunicipal consortium located in the northwest region of the State of São Paulo — based on data extracted from official sources, such as the municipalities transparency portals, the portal of the São Paulo State Treasury Department and the São Paulo State Court of Auditors. The research analyzes the performance of tax services in the selected municipalities and compares the structure of local fiscal administrations. The objective is to evaluate differences in tax-administrative capacity and how they can influence the collection of municipal taxes. The topic is relevant given the need to strengthen the State's administrative capacity to guarantee the provision of public services financed through compulsory taxation, as highlighted by authors such as Strelec (2011), Brito (2019), and Mangieri (2019). The results indicate that municipalities with more structured tax administrations tend to show greater efficiency in collecting their own revenues, reinforcing the importance of administrative organization and the professionalization of tax departments.
Copyright (c) 2026 Renato Luis Pivello https://creativecommons.org/licenses/by-nc-sa/4.0
Implementing the 'Technique and Price' Criterion in Public Procurement in Brazil: challenges and opportunities for Specialized Technical Services of Predominantly Intellectual Nature (STENPI)
This study investigates the implementation of Brazil's New Bidding Law No. 14,133/2021 (Lei nº 14.133/2021), focusing on the "Technique and Price" evaluation criterion for Specialized Technical Services of Predominantly Intellectual Nature (STENPI—Serviços Técnicos Especializados de Natureza Predominantemente Intelectual). Utilizing a qualitative interpretive approach, researchers conducted 15 semi-structured interviews with various stakeholders, alongside documentary analysis of 64 objection requests submitted by sector unions. Five key themes emerged from reflexive thematic analysis: institutional and technical capacity gaps, systemic implementation barriers, cultural and behavioral resistance, the complexity of technical evaluation, and the valorization of professional services. These themes underscore the challenges hindering effective adoption while indicating the potential for improving public procurement quality. The research provides the first empirical analysis of Law 14,133/2021's implementation in the STENPI sector, demonstrating that the "Technique and Price" criterion offers a better balance between technical quality and economic viability. The analysis reveals that excessive discount percentages (averaging 42.57% in federal infrastructure projects) negatively impact contract execution capacity. The study suggests pathways for institutional strengthening, such as criteria standardization, team training, and alignment of control bodies, with implications for public procurement reform in developing countries moving from lowest-price to value-based strategies.
Copyright (c) 2026 Christian Augusto Silva, Julio Cesar de Aguiar https://creativecommons.org/licenses/by-nc-sa/4.0
Regulation and Corruption: theoretical debates, empirical findings, and the role of Regulatory Process quality
This article examines the multiple relationships between state regulation and corruption, articulating theoretical contributions and recent empirical evidence. It initially revisits the main explanatory formulations regarding the functions of regulation, notably public interest theories and regulatory capture theories, as well as their contemporary reappraisals. It then analyzes empirical studies that demonstrate the ambiguity and non-linearity of the interactions between the volume of regulation and the risk of corruption. Finally, it explores the importance of the quality of the regulatory process and of meta-regulation as institutional strategies for corruption prevention, highlighting instruments such as regulatory impact assessment, public consultations and hearings, decision-making collegiality, and qualified social participation. It concludes that strengthening the quality of the regulatory process is a structural component of public integrity policies, contributing to greater resilience of regulatory systems in the face of the risks of capture and corruption.
Copyright (c) 2026 Renato Manente Corrêa, Mateus Camilo Ribeiro da Silveira https://creativecommons.org/licenses/by-nc-sa/4.0
When transparency demands a name: the necessary balancing between anonymity, access to information and personal data protection
In contemporary times, digitalization permeates various aspects of social life, intensifying the circulation of information and amplifying the dilemmas related to personal data protection. The 1988 Brazilian Constitution simultaneously enshrined freedom of expression with the prohibition of anonymity, the right to public information, and, more recently, the protection of personal data, all recognized as fundamental rights. The overlap of these precepts generates interpretative tensions that demand harmonization. This paper analyzes the distinction between anonymity and identity confidentiality, arguing that data protection does not eliminate the requester’s identification but restricts its publicity. The general objective is to examine the compatibility between the prohibition of anonymity, the right to information, and data protection, through a qualitative methodology based on bibliographical and documentary review, as well as comparative law, particularly with the Mexican experience. The findings indicate the need to adopt confidentiality of identity as a rule, reserving its disclosure for exceptional circumstances. It is concluded that regulatory standardization in this sense strengthens public transparency, protects citizens, and reinforces democratic accountability.
Copyright (c) 2026 Marcos Vinicius de Sousa Rocha Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Third-Party Identification at the University of São Paulo: background, arrangements, and legal-institutional repercussions
The article addresses the experience of the University of São Paulo (USP) in the first three-year period (2023–2025) of implementing the third-party identification board in the undergraduate admissions process. Institutions have adopted the tool across the country with the purpose of preventing deviations in the allocation of seats reserved for racial minorities. The study aims to systematize the institutional trajectory of the program and its control mechanism, in order to create a body of information that may be useful to other observers of the implementation of racial quota policies in the country. The study was developed based on the method of participant observation and normative analysis. The data presented were collected through the Citizen Information Service – USP. Among the results achieved, the article presents the scenario of candidates affected by the tool and its repercussions within the Judiciary of the State of São Paulo.
Copyright (c) 2026 Lucas de Santana Módolo https://creativecommons.org/licenses/by-nc-sa/4.0
Administrative Risk and Public Safety: the adherence of the São Paulo State Court of Justice to the doctrine of strict State liability in civil actions for damages arising from police conduct
Due to the danger inherent to the State’s duty to safeguard public safety, overt policing imposes significant risk upon the administration. When legal interests are not properly balanced, this risk materializes as police brutality, a persistent reality in Brazil, particularly against black people living in poverty in urban peripheries. Given Article 37, paragraph 6, of the 1988 Constitution, which enshrines the strict liability of legal entities under public law, and considering the social urgency of victimization by police brutality, this article seeks to assess the degree to which the São Paulo State Court of Justice adheres to this liability regime in civil claims regarding damages arising from police conduct. Accordingly, a documentary analysis of the Court’s recent jurisprudence was conducted, with a qualitative review of decisions issued over the past five years, in order to identify the main debates and controversies regarding the application of strict state liability. Results indicate that the public liability's strict modality remains underutilized in the state's jurisprudence, with subjective logics sometimes prevailing, in contradiction to the constitutional framework. Such an approach reinforces conditions of institutional neglect already experienced by marginalized populations and further demonstrates their lack of protection, even through the judicial avenue of redress.
Copyright (c) 2026 Leonardo Bastos Stevanato https://creativecommons.org/licenses/by-nc-sa/4.0
Possible partitions in a divisional patent application: a view from Brazil
This article investigates the different partitions that a patent application may undergo pursuant to Article 26 of the Brazilian Industrial Property Law (LPI). Using the hypothetical-deductive method, it starts from the hypothesis that the divisional partition must coincide with the unity of invention, in order to be a proper division. The study finds that partitions not coincidental with the unity of invention are improper, as they, albeit formally dividing the application, actually, multiply the subject-matter, instead of dividing it. Ultimately, the article proposes an approach to divisional applications based on four questions that prevent the hermeneutical confusion of the divisional mechanism with the doctrines of double protection (Art. 6), unity of invention (Art. 22), and the addition of subject matter (Art. 32).
Copyright (c) 2026 Giselle Guimarães Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Judicialization of Temporary Hiring: between nullity and mischaracterization under general repercussion Themes 916 and 551
The temporary hiring of personnel within Public Administration, although often criticized—especially when compared to entry through public examinations—proves, in many cases, to be a necessary measure. This article analyzes the judicialization of temporary teacher contracts carried out by the State of Roraima, with emphasis on the application of General Repercussion Themes 551 and 916. It is observed that judicial decisions on the matter are not conclusive regarding the concepts of nullity and mischaracterization. The article objectively proposes a clear delimitation of the hypotheses of nullity and mischaracterization in temporary hiring, in order to ensure the correct application of Themes 916 and 551 and to prevent undue convictions against the Public Treasury.
Copyright (c) 2026 Eduardo Daniel Lazarte Moron https://creativecommons.org/licenses/by-nc-sa/4.0
Restrictions of foreigners’ right to access public service positions in Rio Grande do Sul: xenophobia or legislative delay?
This paper addresses the persistence of restrictions on foreigners’ access to public service positions, even 25 years after the enactment of Constitutional Amendment No. 19 of June 4, 1998, which equalized Brazilians and non-nationals in this regard. It aims to investigate the factors that currently explain the non-implementation of this right by most entities of the Public Administration within the geographic space of the State of Rio Grande do Sul, based on two hypotheses: simple legislative delay and xenophobia. To achieve its objectives, the article provides a historical context of how Brazilian nationality came to be a constitutional requirement for access to public positions and the subsequent abandonment of this practice. It then maps the current state of the right of foreigners to access public positions and, finally, presents the results of field research conducted in the most populous municipalities of the state, pointing out possible ways to overcome the issue. The findings indicate a general scenario of legislative delay, both due to a lack of demand from the affected community and the absence of prioritization of the matter by local administrations.
Copyright (c) 2025 André Augusto Cella https://creativecommons.org/licenses/by-nc-sa/4.0
Transformations of brazilian Administrative Law: from the absence of identity to constitutionalization
This article provides a concise analysis of the origins of Brazilian Administrative Law, its consolidation as a branch of legal science and its transformations throughout major periods of national history, highlighting the main current trends in administrative law. The second part focuses on the constitutionalization of Brazilian Administrative Law, understood as the most emblematic phenomenon and as a reference point for most of the current trends in this field of law. In conclusion, the article reviews the main issues raised, aiming to provide a retrospective of the formation and transformations of Brazilian Administrative Law and to show how the discipline today has a different interpretative framework.
Copyright (c) 2025 Marco Aurélio Ceccato https://creativecommons.org/licenses/by-nc-sa/4.0
Payment for the taxable event: between contradiction with legal provisions and the incentive for its use in the remuneration model of "outsourcing"
Through a literature review and documentary research, this article aims to highlight an internal contradiction in Law No. 14.133/2021 (New Public Procurement and Contracting Law). On the one hand, the law prohibits payment based solely on the reimbursement of wages paid. On the other hand, it allows payment based on the generating event, which can be interpreted precisely as mere reimbursement, since it is not linked to the provision of a service but only to the expenditure incurred by the contracted company. However, the article emphasizes that the reimbursement system for labor costs an essential component in exclusive dedication contracts is, from a broader perspective, a practice encouraged by the remuneration model of such contracts. In this context, it is demonstrated that the payment model based on the generating event, a more precise form of cost reimbursement, aligns with the remuneration framework of exclusive dedication contracts, which has been validated and established over the years. Nevertheless, it remains af-fected by a contradiction with other legal provisions and offers various opportunities for improvement.
Copyright (c) 2025 João Paulo Forni, Francismary Souza Pimenta Maciel, Thiago Anderson Zagatto https://creativecommons.org/licenses/by-nc-sa/4.0
Patrimonialism: a chronic corruptive disorder in brazilian Public Administration
This study aims to investigate the persistence of patrimonialism in Brazilian public administration, highlighting its characteristics and negative impacts on public service and society. The central issue of the study is how patrimonialist practices, such as clientelism and the exchange of favors, continue to prevail in public institutions, creating an environment conducive to corruption and the prioritization of private interests over the common good. The methodology adopted is qualitative, involving a literature review and critical analysis of the manifestations of patrimonialism in both historical and contemporary contexts, addressing both behavioral and institutional aspects. The study examines the attributes of the patrimonialist model, such as impunity, meritocratic deficits, and lack of control over administrative processes. The conclusion points out that patrimonialism is a structural obstacle to the effectiveness and morality of Brazilian public administration, undermining trust in institutions and perpetuating corruption. The paper suggests that overcoming this issue requires profound reform, focusing on greater transparency, meritocracy, and effective oversight to promote more efficient public management geared toward the collective interest.
Copyright (c) 2025 João Gaspar Rodrigues https://creativecommons.org/licenses/by-nc-sa/4.0
Normative competence of the setorial Regulatory Agencies and (non) binding precedents
The article has the intent to investigate the relation between the Judiciary and the Regulatory Agencies’ normative competence, specially when it comes to appealability of the administrative act and its bindingness (or not) to precedents, along with the new systematization brought by the Civil Procedure Code of 2015. From an extensive bibliographic review and study of the legal diploma on the matter, the process of sectorization and specialization of Public Law is carefully analyzed, in the view of the recognition of managerial autonomy to regulatory agencies in the discipline of social subsystems of greater technicality. Furthermore, the large appealability of administrative acts will be presented as an adequate instrument to make decentralization compatible with the necessary guarantee of the constitutional order, investigating the limits and contours of judicial review. Finally, the research explores the system of precedents – in particular, the so-called binding precedents, contained in article 927 of the CPC –, which is followed by the conclusion that the high technical specificity of the regulated subsystems requires full autonomy from the regulatory body in the exercise of its normative competence, except for the hypothesis of binding to judicial decision because of the authority of the material res judicata.
Copyright (c) 2025 Lara Abreu Assef https://creativecommons.org/licenses/by-nc-sa/4.0
The effectiveness of State liability convictions for the improvement of public action
State civil liability fulfills functions that go beyond simply compensating the injured party, such as puniti-ve and preventive roles. Every judgment against the State should initiate a series of actions, ranging from budgetary adjustments to meet obligations, to the reorganization of administrative practices, workflow revisions, and the enhancement of public action. This study presents empirical research on the effectiveness of State liability judgments in improving public action, using a case study methodology focused on sidewalk-related accidents. Additionally, interviews were conducted with public agents to map the administrative workflows triggered by civil liability actions against the State. The findings highlight contradictions between the legal science narrative regarding the functions of civil liability and the realities encountered within the administrative domain. Furthermore, mechanisms are proposed to assist in improving public action, based on diagnostics generated from each instance of State civil liability.
Copyright (c) 2025 Ana Rita de Figueiredo Nery https://creativecommons.org/licenses/by-nc-sa/4.0
Relational contracts and infrastructure: a perspective between law and economics in the analysis of contracts under asymmetric information
From analytical tools provided by law and economics, particularly the Theory of Contracts under asymmetric information and the Theory of Relational Contracts, it was found that complex and long-term contracts, such as concession agreement and public-private partnership contracts, are incomplete normative structures, subject to asymmetric information, whose gaps cannot be previously integrated due to the prohibitive transaction costs required to perform this task and the environmental and behavioral uncertainties involved in these relationships. Complex contractual relationships that last over time are inevitably exposed to contingencies and risks not initially foreseen. In view of this, adaptive mechanisms and governance structures must be foreseen in advance in the contractual instruments that ensure, at the same time, the stability and flexibility required and necessary for this type of relationship.
Theory of Contracts Under Asymmetric Information
Copyright (c) 2025 Luis Fernando de Freitas Rosa https://creativecommons.org/licenses/by-nc-sa/4.0
The divisional patent application procedure and its relation to the rising amount of patent applications lacking a final decision (backlog)
The article aims the analysis of the relation between the division of a patent application by a procedure of divisional patent application, automatically accepted, and the rising of the amount of patent applications lacking a final decision, known as backlog. One of the factors that might explain the backlog rising is the rising of divisional patent applications, since a single original patent application may be divided into dozens of others. The present article demonstrates that this relation is only due to the procedure of automatically accepting divisional applications. These applications may contain addition of subject-matter or double patenting, which are only verified in the technical examination, leading to hermeneutical confusion between article 26 with the other articles of the Law n° 9.279/96 (LPI), namely with articles 32 and 6th which, respectively, limits addition of subject-matter and double patenting. Consequently, it is proposed an alternate procedure based on a specific divisional application form, subject to archiving under the terms of the sole paragraph of the article 26.
Subject-Matter Addition in Patent Applications
Copyright (c) 2025 Giselle Guimarães Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Public procurement and state competences in anti-discrimination matters: the case of the North rio-grandense Law no. 11.587/2023
The objective of this article is to examine, in the light of the Constitution of the State of Rio Grande do Norte, the legal model established by the Law of the State of Rio Grande do Norte No. 11,587, of November 8, 2023, which provides for the reservation of job vacancies for transvestites and transsexuals in private companies that receive tax incentives or have an agreement with bodies of the Public Power of the State of Rio Grande do Norte. To this end, the methodology recommended by Legal Dogmatics (or Science of Law in the strict sense) is adopted, having as an empirical basis the system of Brazilian Positive Law.
Copyright (c) 2025 Vladimir da Rocha França https://creativecommons.org/licenses/by-nc-sa/4.0
Arbitration, basic sanitation and defense of regulation:an analysis of the case of subnational agencies
The increasing use of arbitration in concession contracts and Public-Private Partnerships (PPPs) in Brazil is evident, particularly in the field of basic sanitation, a sector crucial for promoting public health and human dignity. This study aims to explore the role of arbitration in concessions and PPPs within the basic sanitation sector, with a focus on subnational agencies. The objective is to analyze the jurisdiction and limitations of Arbitral Tribunals in resolving disputes arising from these contracts and partnerships, considering the legal framework relevant to the sector and emphasizing the need to safeguard the public interest, the principles that govern Public Administration and the sectoral regulation.
Copyright (c) 2025 Thalita Hage, Carlos Roberto de Oliveira, Gustavo Justino de Oliveira https://creativecommons.org/licenses/by-nc-sa/4.0