Post by xyz3000 on Feb 12, 2024 3:52:14 GMT -6
This week, the São Paulo city council approved the bill that allows social organizations to take over the management of public entities in the health sector. The city hall's objective is to improve service in the sector. The original project authorized the city hall to form partnerships with social organizations — non-profit entities — in the areas of health, education, culture, environment, sports, science and technology. However, the approved substitute restricted partnerships to the health area. The vote had 39 councilors in favor and 13 against. Now, the text goes to the mayor for sanction and publication as law. With the new law, Mayor José Serra (PSDB) transfers the administration of hospitals, such as M'Boi Mirim and Cidade Tiradentes, currently under construction, to social organizations, in addition to 40 Medical-Outpatient Care units.
The new law brings the refreshment of sharing state functions with the third sector, which is increasingly economically unable to fulfill them. However, the law that governs OS is not fully accepted and awaits definition in the Federal Supreme Court. There are two Direct Unconstitutionality Estonia Email List Actions running before the Court that challenge Federal Law 9,637/98 (Social Organizations Law). According to lawyer Paulo Brancher , partner at the firm Barretto Ferreira, Kujawski, Brancher and Gonçalves, the law fails to provide for bidding processes for hiring social organizations. Brancher reminds us that the state's responsibility for ensuring the good provision of essential services to society cannot be confused with the monopoly on their provision.
Apart from the conceptual discussion about handing over the administration of hospitals and other activities to private entities, the issue becomes more sensitive due to Law 9,637/98 not establishing a bidding procedure for choosing social organizations”, explains the lawyer. The expert recalls that article 24 of Law 8,080/90 (which creates the SUS) establishes that when the body's availability is insufficient to guarantee assistance coverage to the population of a given area, the system may resort to services offered by the private sector, through a contract or agreement, observing the rules of public law. If the STF declares Law 9,637/98 unconstitutional, all outsourcing structures or agreements entered into with OSs must be canceled. “There is a future risk that such structures cannot be continued. However, this does not mean it is impossible to act jointly with the private sector by other means”, explains the lawyer.
The new law brings the refreshment of sharing state functions with the third sector, which is increasingly economically unable to fulfill them. However, the law that governs OS is not fully accepted and awaits definition in the Federal Supreme Court. There are two Direct Unconstitutionality Estonia Email List Actions running before the Court that challenge Federal Law 9,637/98 (Social Organizations Law). According to lawyer Paulo Brancher , partner at the firm Barretto Ferreira, Kujawski, Brancher and Gonçalves, the law fails to provide for bidding processes for hiring social organizations. Brancher reminds us that the state's responsibility for ensuring the good provision of essential services to society cannot be confused with the monopoly on their provision.
Apart from the conceptual discussion about handing over the administration of hospitals and other activities to private entities, the issue becomes more sensitive due to Law 9,637/98 not establishing a bidding procedure for choosing social organizations”, explains the lawyer. The expert recalls that article 24 of Law 8,080/90 (which creates the SUS) establishes that when the body's availability is insufficient to guarantee assistance coverage to the population of a given area, the system may resort to services offered by the private sector, through a contract or agreement, observing the rules of public law. If the STF declares Law 9,637/98 unconstitutional, all outsourcing structures or agreements entered into with OSs must be canceled. “There is a future risk that such structures cannot be continued. However, this does not mean it is impossible to act jointly with the private sector by other means”, explains the lawyer.
