Autarquias profissionais: realidade ou ficção da hermenêutica jurídica

Abstract

Professional councils are qualified as special autarchies for the control and inspection of professional activities in various categories, administered by professionals chosen by their respective peers. In the national legislative and legal scenario, the confrontation between their qualities and their legal framework is an extremely fertile ground for legal insecurity. The biggest clash waged by these institutions concerns the legal personality of public law, although this issue is currently pacified by ADI nº 1.717-6. After this first consolidation of the topic, questions arose about the regime of its staff, retirement, purchasing rules and several others, as well as doubts about the reality of the autarkic nature of these institutions, since they did not include all the prerogatives of entities of the Public Administration, some times more restricted and other times broader in their qualities. To this end, the HypotheticalDeductive methods will be applied, in order to assess the premises that were legally conferred on the Public Administration in general, on the Indirect Administration and, consequently, on the municipalities to demonstrate the inconsistency about the atypical nature that is conferred professional councils as an autarchy. Through the confrontation between the legal concepts of autarchy, professional councils and the concept of a parastatal entity, it will be demonstrated that professional councils need, as soon as possible, specific legislation, so that everything that tells you Respect is no longer based on judicial decisions or determined by the Federal Court of Auditors. The research proposes to elucidate, through theoretical study in the doctrine and national legislation, the prerogatives that professional councils have in general. Thus, it will be evident that Decree-Law No. 200/1967 did not reserve a seat for professional councils and thus does not consider them a Federal Public Autarchy of the Union's Indirect Public Administration, in such a way as to be observed the specific bonds that they hold other municipal entities.