Sociedade de economia mista: análise conceitual com base no poder de controle das S.AS. e sua repercussão no conceito do Art. 2º, II da Lei de Responsabilidade Fiscal

Abstract

The works’ object are the Mixed Economy Companies, by the conceptual point of view, about those juridical personality, the activities developed and the juridical polity applied on, taking in consideration that those entities are part of Public Administration which objective is to achieve public interests. For that, this research is based on the shareholders controlling power existent at the Anonymous Companies, because those ones are submitted by Commercial Law, in consequence of its structure formed by public and private capital. Beyond that, this study has the scope of showing which are those corporations’ elements, emphasizing the essentiality of the asymmetric State participation as a shareholder at its’ management, what takes to a cognitive expansion about its concept, on the way to clarify that the shareholding capital, belonged to Public Power is not enough to characterize that kind of company. Besides, as a problematic point, the review approaches controlling powers’ restrict interpretation rebound at Fiscal Responsibility Legislation principles and enhance the importance to adopt an embracing notion about that juridical person.