A importância da fiscalização do serviço público como instrumento de gestão e política pública: uma breve análise do sistema de transporte coletivo urbano de passageiros da cidade de São Paulo

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2014-09-08
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Cunha, Maria Alexandra Viegas Cortez da
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The paper aims to analyze the importance of supervision of public service as an instrument of public policy and management. For this purpose, we propose to study the Urban Public Transportation System of the City of São Paulo, from the model established by Law No. 13,241 / 01, as well as the entire legal structure and characteristic elements present in this form of delegation. Without being preoccupied with exhausting the theme, based on the doctrine, the study intends to address the key concepts that involve the provision of public services, the legal duty of supervision and the legal framework of the provision of public transportation services. From this we will verify if the municipal transportation system will have adequate legal instruments for supervision of the delegated services. In addition, we seek to assess whether this is sufficient to provide an 'adequate service', i.e., if the supervision used alone, are effectively able to guarantee the conditions of regularity, continuity, efficiency, safety, actuality, generally, courtesy in providing access and reasonable tariffs, as the law prescribes. In summary, it is understood that the legal system provides several mechanisms that allow the supervision of public services. Furthermore, that the legal supervision model adopted by the Municipality of São Paulo it finds itself legally appropriate, for the public transport system. However, despite being correct, the model still needs improvement, both in respect of the obligations established in the concession contract and permission in force (and related regulations, such as RESAM - Sanctions and Fines Regulation), as in their operation, and especially in its supervision. Finally, this paper shows that both the regulation, as well as the supervisory or even management, when improperly performed, encourages the provision of a public service with poor quality, i.e. lower than expected by the population.


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