The Brazilian Federal Constitution

These questions of ' ' igualitarismo' ' in the public service they had always been used as justification to serve itself badly to everybody. Quarrel concerning the essencialidade of the public service, is of basic importance for the study of the inherent aspects to the determination of continuity mentioned in article 22 of the Code of Defense of the Consumer. Two chains, with strong beddings, search to give an adequate solution to the direction of continuity used for the legislator making use of this form. Zelmo Denari, one of articuladores of the First draft of the CDC- Code of Defense of the Consumer, consider that the norm locks up the obligatoriness of the Public Administration to offer essential to the public service to all the users, taking care of the collective interest. However, such obligation of the State would be cingida to the interests individual of the users, a time that, leaving the collective sphere, would fit the non-observance to the rule of the continuity, if not taken care of to the administrative norms that conduct the supply of the public service. Under this optics we have that: ' ' The problem is that the institutions had started to forget that the public is in fact the owner of the administration and not only a customer tradicional' '.

Customer is somebody that possesss personal expectations and preferences, individual, that they demand a satisfaction. It is the application of the notion of ' ' cliente' ' to the public administration, associating the 10 satisfactions of individual expectations of who he uses one definitive one service conflicts with the beginning of that the administration exists to satisfy the interest public, of all, and not of an user in especial.' ' (ZUCCOLO, 2003). Photo: rank of the Teresina Shopping (daily of the people). The Brazilian Federal Constitution uses the using term as reference to the addressee of the public service.