Governança contratual por intermédio do terceiro setor: critérios para a adoção do regime jurídico das parcerias

Abstract

This study aims to define legal criteria for choosing the appropriate legal framework for partnerships between Public Authorities and third sector organizations, in view of the plurality of statutory acts that deal with the subject. In this sense, there is the coexistence of the Acts nº 14.133, of April 1, 2021, nº 13.019, of July 31, 2014, nº 9.790, of March 23, 1999, and nº 9.637, of May 15, 1998, there are also several instruments to enter into a the aforementioned partnerships. Thus, this paper has the purpose to outline criteria for choosing the instrument and, consequently, the legal regime among those listed above, in order to materialize the contractual governance. In order to fulfill the scope of the research, it was necessary to analyze the legal nature of these relationships, since the establishment of criteria had as a backdrop the contractual governance that should preside over the State's relationship with the various no government organizations that participate in the activities of public interest. As vectors for defining the proposed criteria, the study was carried out to verify whether partnerships with the third sector can be classified, invariably, as a public finance activity or whether they can also be considered public utilities. The methodological approach was legislation analysis by means of legal-comparative and legal-interpretive perspectives.It was concluded that despite the plurality of existing legal framework, by analyzing the legal system itself and the reasons exposed for the celebration of such partnerships, it was possible to define and indicate the characteristics of each partnership model, which can be used as criteria for choosing the legal regime aimed at contractual governance.