State foundations in the organization of the Brazilian State

Abstract

This paper analyzes the juridical nature of the state foundation as a legal entity of Private Law, in order to confront it with the jurisprudence of both the Supreme Federal Court and the Superior Court of Justice regarding the different models of state foundations. The state foundations of Private Law model has been conceived as a new way of organising the Brazilian State; it has been built on a flexible logical base, apart from the rules of Public Law. This study also addresses some political and fiscal aspects wich may undermine these foundations and which could cause the discontinuity of basic social services. Last, but not least, this paper presents some ideas for legislative and administrative control improvements that can be adopted at once.