Empresas estatais e os limites da privatização: contexto histórico e aspectos jurídicos do fenômeno no Brasil contemporâneo.

Abstract

The present study seeks to investigate what has been the position adopted by the Brazilian State regarding the limits of the privatization policy of national state-owned companies. It starts from the budget that even after more than three decades of validity of the Federal Constitution of 1988, the country still does not have a consolidated position on the limits of implementation of this policy that respect the provisions of the Magna Carta, especially with regard to sovereignty national level, better realization of the public interest and management of strategic sectors for the development of the nation. In this sense, the objective of the research was to reflect on the (in)existence of limits in the national policy of privatization of state-owned companies. An analysis of the State's performance models was carried out, the study of the Brazilian government's role in the economy through state-owned companies and the examination of the privatization of state-owned companies in the context of constitutionality control in the country, emphasizing the influences of neoliberal logic. The inductive method and the historical auxiliary method were used, prioritizing a zetetic treatment of the theme, based on the theory postulated by Tércio Sampaio Ferraz Júnior. Considering the desired objectives, a research with a qualitative approach was carried out by analyzing the information collected in books, articles, academic works, news, legislation, booklets, manuals of public bodies and jurisprudence, being an exploratory, explanatory and bibliographical research. Through the obtained results, it was possible to conclude that, except for the constitutionally protected situations of monopoly, the Brazilian State still lacks limits in the execution of its national policy of privatization of state-owned companies. Thus, it was found that there is no legal device that safely describes the parameters that should condition the decision-making that implies the privatization of these companies.