Conflitos entre usuários e prestadores de serviços públicos decorrentes de norma reguladora válida: a visão do Superior Tribunal de Justiça

Abstract

This essay notes that the study of law is still largely neglected in Brazilian law. Although far from the tradition of common law, which may explain this gap, the analysis of the decisions of the courts is important (the same as it is ignored), particularly in matters latest, introduced in recent years in the framework of national legislation. This is what happens with the regulation of public services traditionally provided by the state and now in the hands of the private companies, creating a whole new legal field. This new reality has brought new discussions, especially about the conflicts that took place between users and providers of these services, which, not often go beyond isolated facts and reach the validity of the regulatory code, implemented by the provider and questioned by the user. Often these conflicts reach the legal arena and the outcome of these demands may influence the validity of the standard regulator. The present study thus examined the jurisprudence of the Superior Court of Justice related to conflicts between users and providers of public services that are motivated by the command of a valid regulatory standard. With this, the essay wanted to find out which way goes to national case law on the recognition of this new legal and institutional landscape. Also, the essay wanted to demonstrate how the legal and institutional security, based not only on the recognition of standards by the judiciary but also on the uniformity and fairness of the decisions influencing the attraction of investments needed to develop these services