Natureza jurídica dos conselhos de fiscalização profissional brasileiros

Abstract

This dissertation examines the legal regime and the legal nature of the professional self-regulatory entities in Brazil, placing its analysis in the context of contemporary public administration. The aim is to define a category of legal nature that takes into account the hybridity present in such professional bodies and makes it possible to apply the legal rules that are effectively appropriate for them, avoiding contradictory situations and leading to greater legal certainty. The research adopts a qualitative methodology, covering analysis of doctrine, case law and legislation, to explore the position of these entities in the Brazilian administrative organization. The study demonstrates the sociological theories that explain the phenomenon of professional self-regulation and analyzes how it has occurred in various nations, including nations of the Anglo-Saxon model and the European-Continental model. The research analyzes the origin, evolution and general aspects of the entities that oversee professional practice in Brazil, which are a phenomenon of the 20th century and whose origin reveals greater state control. Several foundations are pointed out in order to achieve the objective of the work, connected with the characteristics of contemporary Public Administration. The central conclusion of the work is that the professional self-regulatory entities have a hybrid legal regime with the application of a minimum public regime and, in relation to their legal nature, they should be recognized as autonomous professional self-regulatory entities occupying an Autonomous Administration. This characterization reflects a more precise understanding of their function and position within the Brazilian legal system. The dissertation argues that such recognition is essential for the proper execution of their regulatory responsibilities and to ensure the quality of the services provided, effectively aligning them with the democratic principles of social participation.