Recuperação judicial de serviço público penitenciário

Abstract

This thesis is the result of studies and research conducted within the Doctoral Program in Law at Universidade Nove de Julho – UNINOVE. The work addresses the challenges and prospects of public service concessionaires – particularly in the penitentiary sector – undergoing judicial reorganization, with an interdisciplinary focus on legal, economic, and social aspects. It examines the tension between the economic viability of these companies and the continuity of essential services, considering the complexity of this context. From a legal perspective, the thesis explores the applicable legislation, highlighting conflicts with public law principles and challenges in debt renegotiation. The research delves into the difficulties these companies face in balancing contractual obligations with maintaining operations during financial restructuring. From an economic standpoint, the study analyzes the impact of financial pressures on the quality and efficiency of public services under concession (specifically penitentiary services), their capacity to attract investments, and the long-term economic sustainability of operations. On the social front, the thesis emphasizes the need to protect the human rights of inmates and ensure that service delivery is not compromised by financial instability. It also reflects on the role of the State in supervising and ensuring that concessionaires comply with ethical and legal standards. Furthermore, it examines the social consequences of the judicial reorganization of these companies, including impacts on inmates, employees, and public safety. Lastly, the research proposes pathways to reconcile economic, legal, and social demands in the restructuring of concessionaires, aiming for a more efficient, fair, and publicly aligned penitentiary system.