O neo Direito Privado Administrativo ante a atuação da Administração Pública com o setor Privado

Abstract

This is an analysis of the evolution of Brazilian Administrative Law focusing on the current managerial administrative model that allowed greater openness to the increasing use of private law instruments. The theme itself is from of great relevance, since the decisions emanating from the State are of collective interest in what concerns partnerships with the private body for the delivery of public services with a view to that the state is unable to meet all the demands of which it is responsible. THE The approach chosen is historiographic, doctrinal and legal, with the purpose of specifying the evolution, concepts and boundaries known peacefully by the doctrine and laws revolving around the institutes in question. The result of this study showed that there are various hypotheses in which the Administration may act under the private law regime, since uses both its own institutes of public law and its own institutes of private law, due to the construction of the administrative law that occurred through the direct transposition of institutes of civil law, intensified by the Management phase that the Public Administration currently experiencing and the process of diffusion of administrative law. It's fundamental understand the evolution of Administrative Law and note that the authoritarian view that divided and separated the public from the private is no longer stiffened, on the contrary, it is ventilated according to need for public administration by private law institutes.