Os contratos de gestão e os termos de parceria firmados entre as organizações sociais e as organizações da sociedade civil de interesse público e os municípios para a execução de serviços públicos de saúde : reflexões e propostas à luz da teoria da ação comunicativa.

Abstract

Public health service providing by entities like social organisations and public interest non-governmental organisations is a dramatic reality in towns and cities in Rio Grande do Sul. This work aims to analyse this panorama drawing on some auditory works by the Court of Auditors in Rio Grande do Sul. From the proposition that juridi-cal instruments established among city officers, social organisations and public inter-est non-governmental organisations are not communicative instruments able to or-ganise plans of action of actors interested in agreement and do not allow for external control over these links. Then we wonder whether they can be considered the best option in terms of legitimacy and cost-effectiveness for the city management and the society. According to the proposition presented, the assumption is that furtherance in terms of the plan of action by the public sector (incorporation by the cities/towns of the real role of controller over the assignment of such services), of non-governmental organisations (whose culture of the secrecy and less work is not in tune with compli-ance, integrity, transparency, and ethics in the management of public resources), and of the external control (as an institution able to control the application of pub-lic money) may result in more reasonable, legitimate and stern agreements. The investigation is qualitative and uses the hypothetico-deductive method. As for the methods of investigation, the major are the bibliographic research and the case study (to find out what was essential about the investigation subject in the analysed works of auditing). Investigative techniques will be of primary and secondary sources and particularly in technical auditing works and TCERS decisions. After all, to enlighten the problem and having the samples analysed on the last chapter as a panorama — and weakness in discursive terms that the analysed juridical instruments could reveal — we provide suggestions from which partnerships here analysed could be consid-ered beneficial for the parties and the society, which demands the construction of better organisation of the action in terms of internal and external control on the local management of health and overcoming the culture of secrecy and opacity in publicity of counts by the partner Third Sector of the State.