Meaning of Concession (What it is, Concept and Definition)

Concession it is a feminine noun from latin "concession" which means permission and expresses the act or effect of grant, bestow or deliver something to someone. It can also be related to the privilege that the Government gives to individuals or companies to explore public utility services.

In the context of rhetoric, concession can also be something that is admitted as a hypothesis in a discussion. It consists of apparently giving in to an opponent's opinion but continuing, despite everything, to develop the argument, making it even more convincing.

Public Service Concession

Under administrative law, a concession is the act whereby a legal person governed by public law entrusts another entity, which is usually private, to explore a certain public service of a business character, service of which it had exclusivity. The grantor assumes the risk and temporarily transfers to him the exercise of the corresponding rights.

It is an indirect management of a public service where the concessionaire, performing a public function, must respect the instructions from the Administration, so that the concessioned public service maintains its nature, although it is managed by an entity toilet.

Usually the concession contemplates a public service of a business scope that is legally excluded from free competition. The operation of the service is temporarily transferred to another entity, but its ownership and respective rights continue to belong to the granting entity, for the duration of the concession.

Once the exploration is transferred, the concessionaire manages the service on its own behalf through its bodies, and the grantor supervises this management.

There are several theories about the legal nature of the concession: some classify the concession as an administrative act, others as a contract or even a mixed act. What is certain, however, is that the concession can be operated by an administrative act or by contract, which guarantee the concessionaire the exclusive right of the activity carried out by the public service granted.

In Brazil, public service and public works concessions and public service permits are regulated in accordance with article 175 of the Federal Constitution.

See also the meaning of Public service.

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