Understanding State Fiscal Roles and Public Service

State's Fiscal Roles and Legal Relations

Within the legal relations of the State, classified as Fisco Owner (Fiscal Owner), the State can acquire goods through various origins. These origins include:

1. By Law: As stated in the Civil Code, lands without owners revert to the State.
2. Free of Charge: By gift or inheritance, as referred to in Article 965 of the Civil Code, which states that in the absence of heirs, property shall revert to the State.
3. For Value: Through assets purchased by the Treasury for specific properties, or through swaps.
4. Through Income Concepts: Via asset leasing, concessions, sale of goods, customs duties, and auctions.

Fisco Creditor (Fiscal Creditor) describes a legal relationship where the State can demand payment, either in kind or other economic forms. This may stem from the following sources:

1. Contracts of Public Property.
2. Proceeds from Crime or Tort: Committed by individuals causing damage to public property, especially when subject to ongoing legal proceedings.
3. General Contributions: Such as land taxes, customs fees, etc.
4. Fines and Penalties: Resulting from administrative decisions or civil and criminal justice.
5. Recoverable Funds from Officials: Amounts recoverable from state officials who administer public funds, subject to examination by the Comptroller General of the Republic.

Fisco Debtor (Fiscal Debtor) has two primary origins:

1. Acts or Contracts Concluded: For example, when the State purchases goods to be paid within a specified period.
2. Wrongful Acts of Public Officials: Which can lead to civil or criminal liability. This requires a trial and a resolution mandating monetary compensation.

State Treasury Representation Methods

The representation of the State Treasury can occur in two primary ways:

Extrajudicial Representation

By act or deed, structured for:

1. Centralized Administration: Represented by the President of the Republic, ministers, mayors, and governors.
2. Decentralized Administration: Entities like health services, Serviu, Conadi, among others. Their respective heads represent the highest authority.

Judicial Representation

By controversy, also divided for:

1. Centralized Administration: Represented by the State Defense Council.
2. Decentralized Administration: Represented by the Chief Superior Service.

Key Characteristics of Public Service

Public services exhibit the following key features:

1. Continuity: Public services cannot be paralyzed (hence the prohibition of the right to strike in Public Administration) and embody the idea of surrogacy or substitution.
2. Regularity: Services must adhere to pre-established rules governing their operation, linking directly to the principle of legality.
3. Uniformity: Ensuring equal treatment for all, linked to the constitutional guarantee of equality before the law.
4. Obligatoriness: The service must be provided without conditions or differential treatment among recipients.
5. Permanence: The service should be provided as long as the public needs for which it was created persist.

In our legal system, the organic conception of public service is often identified as an integral organ of State administration. This implies that the administration is at the service of human beings, with the ultimate purpose of promoting the common good.