Efeitos da lei No 13.019/14 nas organizações assistenciais do município de Campo Belo – MG: análise pós-marco regulatório

Abstract

This dissertation's main objective was to analyze the effects of Law 13.019/14 on welfare organizations in Campo Belo - MG, following the regulatory framework. The research explored the methods and criteria for selecting entities, examined the accountability processes, and identified the perceptions of social actors in Campo Belo-MG, including OSC managers, SMAS staff, and CMAS board members involved in partnerships, regarding the effects of Law 13.019/14, correlating them with effectiveness criteria. The study aimed to understand the challenges faced by OSCs and identify tools to support public managers and OSC leaders in managing these partnerships. The theoretical framework addressed the historical and conceptual aspects of OSCs, their origins in Brazil, and their relationship with the State, as well as concepts and criteria related to effectiveness. The exploratory and descriptive research used both qualitative and quantitative approaches. Questionnaires were applied to assess the perceptions of social actors regarding the MROSC and correlate these perceptions with effectiveness criteria. Interviews were conducted with representatives of nine OSCs that established partnerships with SMAS between 2018 and 2022. Data analysis was performed using content analysis techniques. The results showed that, of the 19 formalized partnerships, only five followed the public call process as provided by the MROSC, while 14 used legal exceptions, such as non-requirement, waivers, or parliamentary amendments. The analysis of the accountability reports revealed that although four partnerships were initially judged as partially irregular, the issues were resolved through compensatory actions, resulting in approved accounts. The study highlighted the MROSC's effectiveness in ensuring partnership objectives and outcomes, showing that despite exceptions and challenges, the partnerships in Campo Belo successfully met their goals. The research identified seven theoretical effectiveness categories associated with the MROSC: mission fulfillment, value perception, needs satisfaction, deliberation, institutional priority, political aspect, and credibility. The study highlighted the diversity of OSC missions and the importance of their participation in public policy councils. Although aligned with their missions and MROSC values, OSCs face challenges in implementing the law. In the needs satisfaction category, despite financial constraints, these organizations positively impact beneficiaries. However, they experience difficulties with representativeness and influence in deliberative processes, despite maintaining alignment with the public administration regarding institutional priority and political aspects. The credibility of OSCs, supported by transparency, proved fundamental to partnership success. The MROSC is seen as a regulatory advancement but still faces challenges such as bureaucracy and the need for technical training. The study suggests that while OSCs have progressed through documentation compliance and corrective measures, the Campo Belo public administration needs to review its OSC selection processes, as most partnerships are currently formalized through exceptions to the public call process. Although this practice is permitted, it raises questions about transparency and impartiality.