Das Organizações Sociais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2002

RESUMO

The reform of lhe Brazilian State, in lhe last years, favored lhe view that it is necessary to restrict lhe participation of lhe State in lhe economic and social activities. For this purpose, lhe mentors of lhe State s reform appealed to lhe old principie of subsidy. According to it, lhe State should act only when lhe social and economic activities of small social groups (labor unions, companies, family and individuais) are not satisfactory. As they were firm on their reformist purpose they sought to reduce lhe participation of lhe State in lhe task of offering social services like education, health and cultura, among others. These servires would be performed, preferable, by private individuais with incentive and support of lhe State. In view of this outlook, lhe Law 9.637, of May 15, 1998, created and disciplined lhe Social Organizations, a legal entity, of civil law. As long as these organizations fulfill ali lhe requirements they are titled " Social Organization" by lhe State. This condition allows them to receive from lhe State manpower and financial funds which sould be employed in lhe social activities directed to lhe areas of health, cultura, education, science and technology and preservation of lhe environment. The present paper analyzes, from lhe positiva law in force, lhe old administrativa activity for development which was rescued, among others, by lhe figure of these Social Organizations. This shows lhe need to submit this administrativa activity to lhe constitucional principies that rule lhe Administrative Law

ASSUNTO(S)

contrato de gestao organizacoes sociais direito administrativo direito administrativo

ACESSO AO ARTIGO

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