A administração pública como consumidora: aplicabilidade do código de defesa do consumidor em suas relações firmadas por meio de contratos administrativos

Abstract

This work investigates whether the Public Administration can be considered a consumer in administrative contracts, which are governed by the legal regime of public law and which give the Administration a position of superiority in relation to individuals. The research starts from the dichotomy between consumer vulnerability, protected by the Consumer Defense Code (CDC), and the supremacy of the public interest, which guides administrative processes. The work analyzes the main theories about the concept of consumer, its vulnerability and the application of the CDC in consumer relations. It also examines administrative contracts, their concept, their characteristics and their formation procedure. The objective is to verify if there are situations in which the Public Administration can fit as a service or product consumer and benefit from the CDC norms, even in the face of its privileged position in administrative processes