Public service is an activity carried out with the participation of the State. And the provision of services that are intended to meet society's needs. In the public service there is always the participation of the State in the provision of services, albeit indirectly.
The provision of public services by the State is guaranteed by the Federal Constitution of 1988 and services are created and supervised by the State, through its governments.
General and individual public services
Public services can be general or individual. General ones are intended to serve the general population and are financed by tax amounts, such as the provision of public lighting and public safety.
Individual services are those that are provided to each person individually and must be billed by fees. Examples are electricity and water supply services.
What are the essential public services?
The so-called essential public services are those considered urgent and that can cause damage if they are interrupted or not provided.
Essential services are linked to guarantees of health and safety conditions, which are essential for the dignified life of citizens. Thus, the law determines that the provision of these services it cannot be stopped.
Law No. 7,783/89 (Strike Law) defined what are the essential public services:
- water treatment and supply,
- electricity distribution,
- supply of gas and other types of fuel,
- medical and hospital services,
- distribution and sale of medicines,
- sale of food,
- funeral services,
- public transport,
- sewage treatment,
- garbage collection,
- telecommunication services,
- custody and control of radioactive substances and nuclear materials,
- data processing activities of essential services,
- air traffic control,
- bank clearing services.
Principles of public service
The provision of public service must follow the following principles: efficiency, continuity, safety, regularity, timeliness, generality/universality and reasonable tariffs.
Efficiency principle
This principle means that public services must be offered to citizens in the most efficient way possible, both in terms of service delivery and the results obtained.
continuity principle
This principle has the function of guaranteeing that public services are provided continuously, without interruptions. The principle of continuity is related to efficiency, that is, services must be offered continuously and with the highest possible quality.
There are three exceptional situations for the continuity of a public service: in an emergency situation, due to technical problems at the facilities or due to lack of payment by the user.
safety principle
The principle of security has the function of guaranteeing that the provision of public services is done in a safe way, without putting its users at risk.
regularity principle
Regularity establishes that the State has the obligation to promote the provision of public services. Failure by the State to comply with this obligation may harm citizens who are users or beneficiaries of a service. In some cases, failure to provide the service may generate the State the obligation to indemnify users for the service not provided.
principle of the present
This principle has the function of guaranteeing that the provision of public service must take place in accordance with the most modern techniques available.
Principle of generality/universality
According to this principle, public services must be accessible to all citizens, without access restrictions and without discrimination. The services provided must be able to reach as many people as possible. Generality and universality to guarantee equal access to public services.
Principle of reasonable tariffs
Low tariffs mean that the provision of a public service must be remunerated at affordable prices for ensure that users of the service do not lose access to it due to inaccessible prices for its power purchasing. Fees charged for services offered by the state should be as cheap as possible.
principle of courtesy
The principle of courtesy is related to the good service that must be provided in the public service. According to this principle, the service to all users of a public service must be done politely (courtesy) and in an appropriate and respectful manner.
Characteristics of public services
The main characteristics of the public service are:
- are directed to the collective interest,
- exist to meet the needs of citizens,
- must be provided by the State or its authorized agents,
- should bring benefits to users.
How are public services provided?
Services can be offered in two ways: centralized or decentralized. Public service is centralized when it is provided directly by bodies that are part of the Public Administration. They can be provided by federal, state or municipal agencies and public agents.
The decentralized public service is not provided directly by the State, it is provided by people (physical or legal) that are granted or allowed to perform a public service on behalf of the State.
The decentralized public service can be offered when the State makes a permit, concession or a public-private partnership for the provision of a service.
public service permit
The permission of a public service happens when the Public Administration allows a private person (individual or legal person), who is not part of the Administration, to provide a public service.
Permission is given after a process of bidding and is formalized by a adhesion contract between the Public Administration and the private. The Public Administration has the right to revoke the permission contract, and it is not necessary to indemnify the individual for breach of contract.
Public service concession
A concession occurs when the Administration grants the execution of a public service to a company. Only legal entities or consortia of companies can receive a public service concession, that is, an individual is not authorized by law to receive a concession.
In the concession, the service is provided on behalf of the company that receives the concession, and a fee may be charged to users of the service.
To receive a concession, the company must participate in a bidding in the form of competition. According to the law, all concessions must be made through a bidding process.
The concession is formalized through a administrative contract between the State and the company, and the termination of the contract may result in a duty to indemnify the aggrieved party.
Public-private partnership
The public-private partnership (PPP) is also a way of granting a public service to a private person, through a administrative contract. It is different from the concession because in this case there is an obligation of financial consideration (payment) from the State to its private partner.
PPP can happen in two ways: sponsored or administrative.
In the sponsored company, in addition to the obligation for the State to provide financial consideration to the private partner, there is a fee charged to the service user
In the administrative area, the Administration is the user of a service provision contract with a private partner. In this case, there are no user fees, but the Administration must also make a financial consideration to the private partner.
Learn more about the meaning of concession and Public administration.