Sociedades de economia mista e a possibilidade de pagamento das dívidas por meio do regime de precatórios: uma análise sobre a RCL 44626/CE

Abstract

This study examines the possibility of paying the debts of mixed-capital companies through the precatory regime, focusing on Constitutional Claim 44626/CE. The research includes jurisprudential and bibliographic analysis of cases where this payment method was applied, particularly to the Ceará Water and Sewage Company (CAGECE). Although CAGECE claims eligibility for the precatory regime due to its provision of essential public services, a closer examination reveals its significant private participation and profit distribution. The conclusion suggests that granting this benefit to companies with substantial private interests could create market imbalances and unfair competition, as they enjoy state privileges without assuming the full financial responsibilities of private companies.