*Written by: Guilherme Antonio de AL Fernandes, Law Professor at ESEG Faculty
Law is present in virtually all of our daily interactions, from buying a product to opening a business or signing a contract.
Within this universe, one of the most important divisions for understanding how norms function is the separation between Private Law and Public Law.
But what exactly differentiates these two areas? In what situations does each one apply? And why is this distinction so relevant for those who are beginning to study Law?
Throughout this content, you will understand what Private Law is, how it differs from Public Law, and what its main branches are, in addition to learning about practical examples and career possibilities in the field.
Keep reading and learn more about these two areas!
Quick summary
- Private law governs relationships between individuals; public law governs relationships that directly involve the State.
- The two spheres work together in practice, even when the relationship appears to be only between private individuals.
- Civil, Business, and Consumer Law belong to Private Law.
- Private International Law resolves conflicts of law between countries in a private relationship; Public International Law deals with relations between States.
- Foundations and public companies governed by private law combine rules from both spheres simultaneously.
What is Private Law?
Private law is the branch of law that deals with the relationships between legal subjects among themselves without a direct relationship with a public entity; that is, the State.
In other words, it is the set of rules that deals with all private relationships that occur daily between individuals, such as people, companies, corporations, and other entities whose law confers legal personality, without directly involving the Public Administration.
Examples of private relationships include:
- Contracts for the purchase and sale of movable and immovable property;
- Donations;
- Corporate formations, among others.
Difference between Public Law and Private Law
O Public Law It is the one that deals with the relationships in which the State acts on some of the poles. It is, therefore, an immediate relationship between some private legal subject and the State.
Therefore, we can say that Public Law governs relationships involving the State. Examples of these relationships include:
- Impositions and collection of taxes;
- Public tenders and administrative contracts;
- Expropriation;
- Creation of a criminal offense;
- Criminal prosecution, among others.
This distinction between Private and Public Law is relevant for studying the phenomenon of normative order in a didactic way.
In practice, in our daily lives, the rules of Public Law and Private Law They often work together at the same time. That is, even when you are in a relationship "between private individuals," such as a contract, there are still public rules behind it organizing and ensuring that everything works.
Furthermore, it is important to understand that the rules of Private Law only exist and are valid because the State itself recognizes and guarantees their application. It is the State that provides the force for these rules to be respected in practice.
What are the branches of Private Law?
Generally speaking, the branches of Private Law are those found in civil statutes, such as the Civil Code and the Consumer Code.
Thus, the following belong to Private Law:
- Civil Law;
- Business Law;
- Consumer Law.
What is Public International Law?
Therefore, it is possible to understand that Private International Law differs from Public International Law because the latter deals with relations between States as subjects of international law.
Thus, while the first is a state right intended to resolve issues related to which state law should apply to a private relationship that presents this element of foreignness, the second involves the relationship between states.
Public International Law therefore comprises:
- treaties;
- conventions;
- Agreements entered into by States among themselves or with International Organizations.
These entities can also enter into treaties, such as the European Union and Mercosur.
Public International Law, in fact, has several specific branches, such as:
- International Environmental Law;
- International Criminal Law;
- International Economic Law;
- International Human Rights Law.
What is Private International Law?
Despite its name, Private International Law does not strictly deal with a set of private law norms. Legal scholars often state that Private International Law is neither international nor private. In practice, it is part of each country's law and has a public nature.
What he does is resolve situations where a private relationship involves the possibility of the application of the law of more than one country. This happens when there is a element of strangeness, That is, some factor in the relationship capable of creating a connection with the legal system of another country.
To better understand what it's about, let's consider a marriage between two people of different nationalities, one Brazilian and the other German. In the event of divorce and division of assets, the question arises as to which law will apply—Brazilian or German?
It is precisely Private International Law that will help answer this question, through what are called... connecting elements.
These elements are criteria defined in each country's law to decide which law should be applied in cases with international connections. In other words, each state establishes its own rules for dealing with this type of situation.
Private legal entities
Thus, what truly differentiates the idea of private and public in law is the presence of the State at the center of legal relations and the legal subjects who interact with each other.
Focusing again on Private Law, its subjects are all natural and legal persons, excluding the State as a direct agent, such as:
- Private companies;
- Associations;
- Private foundations.
All of these are created through registration at a notary's office or with the commercial registries.
Example of a public foundation under private law.
However, as legal relationships in society become increasingly complex, there is the possibility of creating public foundations governed by private law that have a hybrid nature.
Although they have private legal personality and are governed by the CLT (Brazilian labor law), they are:
- Created with legal authorization;
- Funded by public resources;
- Subject to strict oversight by courts of accounts.
We can therefore say that Public Foundations under Private Law are cases of hybrid legal regimes, involving both private law and public law norms simultaneously.
Two good examples of these are the Brazilian Institute of Geography and Statistics. (IBGE) and the Oswaldo Cruz Foundation (FIOCRUZ).
Public company under private law
In addition to Public Foundations under Private Law, there are Public Companies under Private Law, which also demonstrate the legal relationships of an increasingly complex and creative society in legal models to meet the purposes of common good and development.
Public companies are state-owned entities created by legal authorization and with entirely public capital, but governed by civil and commercial law.
The classic example of public companies is:
- Mail;
- Caixa Econômica Federal.
It is worth remembering that they belong to the Indirect Administration and carry out economic activities or provide public services.
Read also: Law school: is it worth it?
Conclusion
Finally, given this complex set of definitions, it is possible to conclude that future law graduates will find a vast world of possibilities to explore and even develop the knowledge acquired throughout their education.
The complexity of relationships in a dynamic world that demands creative legal solutions means that lawyers not only have numerous job opportunities, but are also required to have a solid education and robust preparation to understand and apply the law in the interest of society as a whole.
Do you want to build a solid career in law and work in areas such as contracts, corporate law, and civil relations?
If you are searching for best private law schools in São Paulo, It's worth getting to know ESEG College, part of the Etapa Group. Here, you'll find a comprehensive education focused on employability, experienced professors, and a curriculum that's up-to-date with market demands.
Visit the website, learn more Law course and take the next step in your career!
What is the difference between Private Law and Public Law?
Private law regulates relationships between individuals, without direct state involvement. Public law regulates relationships in which the state participates directly, such as taxation, bidding processes, and criminal law.
Civil Law, Business Law, and Consumer Law, primarily found in the Civil Code and the Consumer Protection Code.
Yes, it's possible. Public foundations governed by private law, such as IBGE and Fiocruz, have private legal personality and are governed by labor laws, but they are created by legal authorization, financed with public funds, and audited by courts of accounts.
