Dos bens públicos e das formas de utilização pública

Abstract

This study examines the ways of use of public property, the legal instruments used by government to grant the use of public good to private. Not when public assets are used by the legal person of public law which holds its ownership, ie the person to whom the property is tied. That title belongs to the government that makes use of it by following the principles of administrative law, noting the characteristic of each item. The use of public goods can be done directly by the government or through private. The use of particular occurs with the consent of the state, which means different types of institutes, grants its use. These institutes have their own characteristics, each subject to special rules of public law, such as the authorization of use, permission for use or grant use of the provision of real right of use and disposal of use, basically governed by other rules of law, for example, the lease, the lending and leasing. The institutes under the rule of law and public have physiognomies own lines similar to those of private law, easily explainable because ultimately they are all ways of using public goods. Examines the legal and doctrinal concept of public good in the Civil Code of 1916 and the current civil code, its classification as to the ownership and purpose, emphasizing the importance of mannerism and desafetação the public good. Analyzes addition, the main features about the legal system, particularly the clauses are cited for inalienability, unseizability, imprescritibilidade and non-encumbrance.