Open AccessAlgumas Notas Sobre a Tutela do Utente de Serviços Públicos Essenciais
Author(s) -
David Falcão
Publication year - 2020
Publication title -
revista electrónica de direito
Language(s) - English
Resource type - Journals
ISSN - 2182-9845
DOI - 10.24840/2182-9845_2020-0003_0003
Subject(s) - payment , service (business) , medical prescription , service provider , point (geometry) , focus (optics) , public service , business , political science , public administration , law , marketing , medicine , physics , geometry , mathematics , finance , optics , pharmacology
In the present study we dedicate ourselves to make an analysis of the Law of Essential Public Services, giving a special focus to the mechanisms of protection of the user of such services. If it is true that, on the one hand, it has not been doctrinally peaceful to qualify contracts for the provision of essential public services as public or private law agreements, on the other, and consequently, the question of where to bring legal action arising from disputes that oppose the provider and the user, therefore, we will try to answer that question. Having made a general analysis of the user protection mechanisms, we focus on issues related to the suspension of the service for non-payment, establishing a parallel between the regimes of the Essential Public Services Law and the Electronic Communications Law. Finally, we will address the issue of prescription and lapse periods related to the right to receive the price of the service provided. At this point we will try to give an adequate answer regarding which prescription period to resort whenever the service is provided by a local authority (8 years or 6 months).