Naming rights de bens públicos

Abstract

The brazilian constitutional design establishes a state s duty to provide individuals with minimum conditions to develop their life goals. It happens, however, that this duty generates a high cost, and public resources are scarce. Considering that the tax burden on brazilian society is already high, it is necessary to search for alternative economic solutions that allow the state to fulfill its duty in a satisfactory way. A fertile field for such solutions is the economic management of public assets, that is justified and limited by the social function of public property, which compels the state to extract the maximum of public utilities from such assets, provided they are compatible with public interest. One importante tool of economic management of public assets is the commercialization of naming rights, for, beyond its capability of generating high revenues, it doesn t prevent the asset s direct fruition by the state or by third parties, since it consists only in transferring the right to name a public property. It is a widespread practice in some countries, but still incipient in Brazil. Based on the study of foreign experiences and of the national law, this work aims to set standards that may guide the development of the commercialization of naming rights of public assets in Brazil, reconciling its potential of generating revenues with the need to respect non-economic values that are legally protected.