Contratos de gestão: reforma do aparelho do estado, modelo gerencial e terceiro setor

• Autor(a) principal: Matiolio, Emerson
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24106
• topic: reforma administrativa; burocracia; modelo gerencial; contratos de gestão; terceiro setor; organizações sociais; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The management contract was an instrument introduced in the Brazilian legal system through the Administrative Reform of the 1990s, in a scenario that sought to implement the managerial model, seeking to replace rule-based accountability performance based accountability. The objective of this dissertation is to analyze the limits and possibilities of use of the management contract as an instrument of greater reach of efficiency in the public management. It will be seen from the hypothetical-deductive method that the flexibilization proposed to the legal regime of the Administration, according to the proposal conferred by Constitutional Amendment no. 19/98, is not always adaptable to the legal system, which does not allow flexibilizations to the legal regime by contractual means. On the other hand, one of the fields par excellence in which the management contract was implemented is in the establishment of partnerships with the third sector, through social organization. The present dissertation problematizes the use of the instrument, pointing to the possibilities of its use in what concerns the sharing of activities of public interest with social organizations. It has adherence to the line of research of the Economic Power and its Legal Limits, at which time it is possible to contribute to a reflection on the potential of the instrument to rethink the instruments derived from the managerial model, adapting them to the legal-constitutional demands for development socioeconomic.