A (in)constitucionalidade dos serviços sociais autônomos não tradicionais

Abstract

Autonomous social services are para-state entities that are members of the third sector, they are private persons who carry out activities of public interest, non-profit, in cooperation with the State and under its encouragement. They are divided into two groups, the traditional and the atypical ones. The main objective of this work is to investigate the (in) constitutionality of the creation of atypical autonomous social services. Thus, the legal nature of these entities was analyzed in doctrine and jurisprudence; the norms that created and instituted these entities were examined and, from this research, the main characteristics and differences of the two groups of autonomous social services were raised. It was found, then, that the creation of atypical autonomous social services is unconstitutional, since, while distancing themselves from the legal format proper to traditional autonomous social services, it approaches the characteristics that cover the administrative entities of indirect public administration, which leads to believe that the legislator's intention was to circumvent the constitutional provisions, since, by instituting typically administrative entities under the name of autonomous social service, it allows such entities to escape the administrative legal regime to which they should submit (sic).