Obligation of representation of public administration and civil entities in the administrative council of social organizations

recognition of Federal Law no. 9,637/98 (social organization law) as a general rule by the Supreme Court.

Abstract

This article aims to study the implications provoked by the recognition of the Federal Law No. 9.637/1998 as a general rule, to be observed by states and municipalities, regarding the administrative council of the non-profit association willing to qualify as a social organization (SO). Firstly, will be discussed the context of the administrative reform of the state in which the Federal Law nº 9.637/98 was approved, with the presentation of its structuring principles. Simultaneously, will be introduced the main characteristics of this model of provision of public services. In a second moment, will be highlighted the relevance reserved by the legislation to the administrative council of social organizations, for which was assigned the prerogative of supervising the execution of the activities of the SO, and for that, it must be composed, mostly, by members nominated by Public Administration and civil entities. Further, it will be shown that several municipal laws differ from the federal law, allowing the qualification of social organizations whose administrative council do not have the proper representation. At the same time, it will be shown that the Supreme Court has established the understanding those laws are unconstitutional. Subsequently, will be presented episodes involving the diversion of public resources through social organizations, arguing that such irregularities can be avoided if the federal law is observed.