Social Organizations: Partnership Legal Regime and Performance Limits of the Supervisory Agency

Abstract

Purpose ”“ To know if the government can revoke a juridical person attribution of Social Organization exclusively for reasons of convenience and opportunity.

Methodology/approach/design ”“ It tackles the Constitutional Amendments no. 06, 07, 08 and 09, of 1995, which altered the role of the State and prompted the liberalization of the Brazilian public utilities. It is also based on Law no. 8031/1990, which created the National Privatization Program replaced, in 1997 by Law no. 9491, as well as the rules governing the Social Organizations in addition to the doctrine and judicial decisions related to the subject. This paper contextualizes the emergence of the Social Organizations, as part of the process of reformulation of Public Administration that led to the adoption of new techniques of public services management, known as Public Administration Management, replacing the Bureaucratic Management Approach developed by Max Weber. It also addresses how the interaction between the State and the Social Organizations takes place aiming at an effective and responsible partnership. After that, the instruments that govern the existing partnerships in the federal scope, as well as the judicial decisions related to the subject will be analyzed, in order to verify the limits to which such partnerships are subjected.

Findings ”“ The disqualification of social organizations is a tied act and should only be promoted when there is noncompliance of the provisions in the management contract or when the entity no longer complies with the requirements and legal provisions governing those organizations.