Organizações da sociedade civil de interesse público: origens, previsão legal e fiscalização no ordenamento jurídico brasileiro.

Abstract

This study aims to examine the importance of Civil Society Organizations of Public Interest (OSCIP's) in the current context in which they operate. In attempting, through bibliographical research, it explores the philosophical thoughts applicable to the subject until the new conceptions that resulted in OSCIP's. The need to discuss these institutions lies in the fact of the enormous social and economic participation that they play in today's society. Indeed, it approaches the major doctrines that marked relations between the state and private initiative in the political, social and economic development. In this scenario, factors that triggered the rise, the crisis and the decline of these doctrines are presented for the correct understanding of the structural reforms that later marked the Brazilian state and, therefore, that facilitated the emergence of the Third Sector. This new segment of society is examined in detail, because that's where they are inserted into the Civil Society Organizations of Public Interest. Stands out in particular the Federal Law 9.790/1999, which deals with the qualification of private entities like OSCIP and term partnership to be signed with the state. Controversial subjects are discussed in light of the relevant legislation and literature homeland in the case of public bidding under the OSCIP's, as well as the use of such entities by some public managers to achieve unlawful purpose. It shows, finally, issues concerning the supervision and control of OSCIP's performance by the whole society. For all that, there is a great need to know well the role of Civil Society Organizations of Public Interest, to be able to undertake a major review on the use of public funds transferred to them.