Impenhorabilidade dos recursos públicos repassados a entes privados quando destinados a programas público sociais

Abstract

The present research aims to analyze the unseizability of public resources transferred to private institutions when destined to the development of programs of public social interest. It starts from the analysis of how this unseizability is regulated in the civil procedural system, currently, in article 833, item IX, of the Civil Procedure Code of 2015. Then, it is investigated whether the redaction of the mentioned device is in line with the Constitution, by predicting that public resources transferred to private institutions cannot be pledged when destined, compulsorily, to the areas of (1) health, (2) education and (3) social assistance — not including other areas that are of public social interest. From this legislative, doctrinal and jurisprudential investigation, it is intended to understand the research object with a greater scope as well as rethinking the mentioned device and the legislative proposals involving the subject from the perspective of the Constitution. At the end, a comparison is made of the way in which this type of unseizability was positive in Portugal. Through the subsidies collected, we seek to adapt anda contribute to the improvement of the way in which this unseizability is regulated in Brazil.