Estado social e administração pública de garantia

Abstract

The transformations underway in the modern state model, such as the shaking of the classic notion of sovereignty, the internal and external fragmentation of power, and the reinforcement of instruments of cooperation between public and private entities, have provoked important changes in Public Administration. This phenomenon has provoked a gradual substitution of Public Administration providing by a regulatory or guarantee Administration. This article demonstrates the compatibility of the Guarantee Administration with the principle of sociality enshrined in several contemporary Constitutions, such as the Brazilian one of 1988. More than this, it points out the need to take into account that any means of acting in the Public Administration must fit in the beacons of the social State still in force.