Regulação do terceiro setor da saúde em Pernambuco: da pactuação contratual ao controle externo e fiscalização ministerial

Abstract

It is a study about the regulation model instituted in Pernambuco in relation to the Management Agreements signed between the Public Administration and the Social Organizations of Health submitted to the tutelage of the Health Department of Pernambuco in accordance with Law No. 15.210 / 2013. The objective of this study is to analyze the regulation format adopted by the State Health Department in relation to Management Contracts, the identification of the public institutions involved with the regulation of partnerships between Administration and non-profit private entities. The emphasis of the work is on the detailed observation of the management contracts signed for health promotion in the State of Pernambuco, as well as the delimitation of the role of Social Organizations in the production of public policies and the realization of fundamental rights. The methodology, in principle, had a theoretical framework in order to observe the model of partnership foreseen in the process of post-managerial refinement and, consequently, began to focus on the modus operandi of the contracts made by the Pernambuco Public Power, seeking a theoretical approach since the performance of ARPE in view of its past competencies, in addition to analyzing the performance of the Court of Auditors, State Health Department and Public Prosecution Service. Afterwards, through the study of multiple cases, three management contracts signed with Social Health Organizations in the State of Pernambuco were analyzed in order to verify their adequacy to the state regulatory framework. The research went on to examine the assumptions of the regulation of management contracts, noting the selection of partnerships, drafting of contracts, determination of efficiency indicators, monitoring by the public partner, forms of social control available and in progress; and the prospects of sanction when configured the nonperformance of the management contract since this method is of paramount importance so that we can verify if, in fact, these contracts that were celebrated in the State of Pernambuco are following the line that was still idealized in the Managerial Reform , that is to say, with this there will be practical evidence of confluence, or not, with the Law that disciplines the Social Organizations in Federal scope, which is Law 9.637 / 98, as well as if the Law of access to information is complied with. Therefore, the research will reveal if the new regulation proposed by State Law No. 15.210 / 2013 ends up bringing civil society closer to the constitutional guarantees, contributing to the development goals in the Brazilian Public Administration.