Scientia Iuris (Jun 2015)

Micro and small firms contracted the works of third sector contracting and public

  • Daniela Juliano Silva,
  • Napoleão Miranda

DOI
https://doi.org/10.5433/2178-8189.2015v19n1p185
Journal volume & issue
Vol. 19, no. 1
pp. 185 – 204

Abstract

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In a scenario of successive changes, we are faced today with a "new" State of design (First Sector) subsidiary and developer, embracing new contracting models, involving private non-profit institutions (Third Sector) ahead of social services relevance (health, education, technology, among others). To comply with the obligations entered into with the public entity (end-obligations), this Third Sector performs hires (to perform their half-bonds) with the second sector (market), where they operate Micro and Small Businesses. This study aims a reflective look at these contracts, usually the result of simplified bidding process in order to verify their specificities and whether they take place in compliance with the prerogatives and differential treatment meted especially those business companies (art. 170, X, SC / 1988). In this endeavor, it was decided, besides a literature review by an investigative approach from the point of view of three different social organizations that have management contracts in health care with public entities and therefore have signed contracts with ME and EPP for the fulfillment of their obligations to the government.

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