Organizações sociais de saúde: a ausência de controle estatal

Abstract

This article promotes a discussion on the irregularities of management contracts signed between the Government and the Social Organizations (OS), bringing the debate on the applicability of Law No. 13,109 of July 31, 2014 in particular to Art. 3, IV which is called the Regulatory Framework of Civil Society Organizations (MROSC), which deals with the non-applicability of the law to agreements and contracts signed with philanthropic health organizations, as well as to articles 24 to 26 of Law No. 8080 of 19 September 1990 and Article 199 paragraph 1 of the Federal Constitution. With regard to the management of these private entities, the idea of efficiency is promoted when, in fact, there are doubts about the provision of quality, identifying increasingly exorbitant expenditures of public resources. Therefore, through the inductive method, making use of content analysis, it is verified, with regard to the applicability of MROSC in Health partnerships, undeniable fragility of contracts signed between State and OS, and no formal mechanisms for effective control over health are identified. relationship between spending and services rendered, multiplying investigations in CPI´s and decisions of the Court of Auditors (TCE) on the panorama of the performance of these organizations. Due to the lack of control over the private management of public resources by Social Health Organizations, the need to establish more transparent public selection mechanisms of these entities at the state and municipal levels is defended, as well as the formalization of management contracts that contain clauses with unequivocal requirements on the capacity and quality of the services provided, so as to allow strict control over the allocation of public resources.