Consorciamento público no estado de Minas Gerais: análise da eficácia da Lei nº 11.107/2005 e dos fatores que limitam a atuação dos consórcios públicos

Abstract

Established by Act nº. 11.107/2005, public associations were created to guarantee greater stability to the intergovernmental cooperation arrangements that existed until then. The model is materialized through the creation of an inter-federative legal entity, which then achieve the indirect administration of several federated entities, allowing the associated management of public policies and the achievement of joint solutions to issues and problems that often go beyond the local boundaries. As the State of Minas Gerais has the largest number of municipalities in the federation and about 70% with a population of less than 10,000 inhabitants, it also has the largest number of public associations in the country, totaling 129. The present survey analyzed whether the limits imposed by the Brazilian federative model; the gaps in the legal system; the formatting of contractual instruments, such as the “contrato de rateio” and the “contrato de programa”; and the format of administrative management related to public associations confirmed by the legal framework, are factors that, together, compromise the effectiveness of this arrangement. From a methodological point of view, it is an interdisciplinary research, of the legal-interpretive type, with the analysis of primary and secondary data. An empirical research was carried out, with the application of a questionnaire in 45 (forty-five) Minas Gerais public consortia - about 35% of the total - to assess the degree of adherence of these entities to the instruments provided for in the legislation; the degree of maturity of its operation and the main aspects that compromise its effectiveness. From the discussions held and the analysis of the legislation, it was concluded that the Brazilian federative model and the construction of the legal framework are factors that limit the performance of these associations, especially due to aspects related to the dilemmas with the autonomy of federated entities; the complexity of contractual instruments and the bureaucracy linked to the proposed management model. However, the questionnaire data pointed out that other elements, such as the unavailability of financial resources; the lack of human and technical resources and the absence of political interest, in practice, are the biggest limitations to the effectiveness of the public associations model.