Brazilian “Social Organizations” And The Controversy Over The Role Of The State In The Face Of Non-Exclusive Public Services

Abstract

This article examines the figure of social organizations in the context of the Reform of the State Apparatus (known as Managerial Reform) carried out in Brazil in the 1990s, with a focus on the intended redefinition of the role of the State and the transfer of the execution of non-exclusive public services to private entities. It is justified from the controversial debate about the compatibility of the model of Social Organizations (SO), especially in relation to a possible withdrawal of the Public Power from the direct execution of services linked to the areas of action of such entities. It seeks to verify the extent to which the State is responsible for the provision of public services linked to the areas of action of the SOs? It was possible to verify that the constitutional call of the private initiative as a collaborator of the State in these areas does not authorize a replacement mechanism, which relegates to the Public Power the exclusive responsibility of monitoring and promotion, discharging the duty of direct provision. On the other hand, there was a gap in the existing doctrinal and jurisprudential controversy regarding the analysis of the theme in an interdisciplinary way, especially in view of the lack of deepening in the scope of politics and the general theory of Law and the State.