As parcerias entre as ONGS e o estado: aspectos jurídicos e o novo marco legal

Abstract

The present work is mainly aimed to conduct an analysis of contracting mechanisms of non-governmental organizations by the government in Brazil, identifying the models imposed by applicable laws, as well as analyzing the new Legal Framework. To this end he was made in the theoretical framework necessary to seek some considerations about the state and the conception of the State Social Welfare and its crisis, in order to understand the dynamics of executing the transfer of public services to civil society organizations through the partnering. It appears that in the Brazilian case the partnerships were encouraged from the administrative reform that happened in the mid-1990s, based on the Federal Constitution of 1988, which shows favorable to decentralization and outsourcing services. In this work the concept of civil society organizations nonprofit is closely linked to the idea of third sector and the Brazilian nonprofit model. Thus, we tried to perform an analysis on the design elements of partnership agreements with the government in the light of current legislation and the New Legal Framework NGOs.