The onerous contracts signed between the public administration and law firms for the recovery of oil royalties and the importance of the public ministry in protecting public assets

Authors

DOI:

https://doi.org/10.54275/raesmpce.v12i2.42

Keywords:

Oil Royalties, Onerous contracts, Law offices, Public Advocacy, Guardianship of Public Heritage by the Public Prosecutor’s Office

Abstract

The recovery of royalties from oil and natural gas through the direct hiring of private lawyers, due to the lack of a bidding process, imposes a burden on the federated entity, when they irregularly transfer the amount of 20% in attorney fees to the law firm. The discussion developed in the present article faces the occurrence of damage or loss to the treasury in the onerous contracting by the municipal public entities of law firms to sponsor lawsuits related to oil and natural gas royalties, to the detriment of the structuring and improvement local public advocacy. In view of the recurrence on the part of the municipal Public Administration to sign onerous contracts with law firms for the recovery of royalties from oil and natural gas, to the detriment of its own legal body, such as the Legal Attorneys, the defense of Public Advocacy is essential in this research, mainly in small municipalities, since the valorisation and strengthening of a judicial and extrajudicial representation body of the entity, by means of a public tender to hire its own body of employees and specific budgetary allocation, would reduce burdensome demands from the Public Power. Within this perspective, from a deductive research, supported by bibliographic procedures – by books and magazine articles – and documentary – by laws and national judgments – it concludes that it is up to the Public Ministry, in the context of its institutional mission to defend the legal order national law, to supervise and control any illegal and irregular acts of municipal Public Administrations, protecting public assets.

Author Biographies

Dornieri Lemos Diógenes Pinto Mota

Graduado em Direito pela Universidade Federal do Ceará (UFC), pós-graduado em Direito e Processo do Trabalho pela Faculdade de Tecnologia de Palmas (FTP), pós-graduando em Direito Constitucional e Processo Constitucional pela Escola Superior do Ministério Público (ESMP), servidor do Ministério Público do Estado do Ceará.

Alisson José Maia Melo

Doutor em Direito pela Universidade Federal do Ceará (UFC). Professor do Programa de Pós-Graduação em Direito do Centro Universitário 7 de Setembro (UNI7). Professor da Escola Superior do Ministério Público do Estado do Ceará (ESMP/ CE).

Published

2020-12-05

How to Cite

Mota, D. L. D. P., & Melo, A. J. M. (2020). The onerous contracts signed between the public administration and law firms for the recovery of oil royalties and the importance of the public ministry in protecting public assets. ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 12(2), 31–53. https://doi.org/10.54275/raesmpce.v12i2.42

Issue

Section

Artigos Internos Nacionais