Management Contracts in SUS: Possibilities for the Right to Health Effetivation

• Autor(a) principal: Navarrete Munhoz Fernandes da Cunha, Ana Carolina
• Data de Publicação: 2022
• Outros Autores: Mussa Abujamra Aith, Fernando
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/86132
• topic: Social organizations; right to health; public policies; management contracts; public services; Organizações sociais; direito à saúde; políticas públicas; contratos de gestão; serviços públicos

The social organization creation law was preceded by debates about consensualism inside the Public Administration, an interpretative school of thought of administrative law that advocates horizontal movements between Public and Private sector. In order to evaluate the implementation of public policies related to the execution of human rights – in the case of this research, the right to health –, we conducted a documentary research with an analysis of the 30 management contracts signed between social health organizations and the Municipal Health Office of São Paulo from 2006 to 2014. The analysis showed that the model is strongly influenced by SUS guidelines. In the case of public-private relations, it was possible to conclude that the model is not applied to health services in an identical way, inserted to a greater or lesser extent in health policy depending on the manager’s choice. Finally, the homogeneous structure of part of the contracts, which is invariable even in relation to the contracted objects, allowed us to discard the hypothesis that these instruments have a greater consensus between the Government and the private partner. There was not much scope for negotiating clauses between contractors.