Terceiro setor e cooperação pública : proposições para um marco conceitual das organizações da sociedade civil na perspectiva comunitarista.

Abstract

This thesis addresses the conceptual and legal framework of civil society organizations in Brazil, from a communitarian perspective. Considering that the Brazilian legal system is not clear in conferring on civil society organizations a relevant role in the achievement of the public interest, nor in recognizing its specificity as a third sector, distinct from the public and private sector, the problem that guides research is: what propositions can be constructed for the conceptual framework of the third sector in Brazil based on the communitarian conception of the complementary action between State, community and market, objectifying the public interest through policies based on public cooperation? The general objective is to formulate proposals for the construction of a conceptual framework of the third sector in Brazil based on the communitarian conception of the complementary action between State, community and market, objectifying the public interest through policies based on public cooperation. From the presentation of the theoretical limitations that surround the academic production on the third sector and the legal limitations evidenced in the historical remembrance of the laws referring to civil society organizations since the end of the nineteenth century affirms the need for theoretical and legal innovation in relation to the theme. It is a reality that is not only national. The Spanish framework, studied in one of the chapters, serves to illustrate that the theme of the third sector is also the subject of unsatisfactory approaches in advanced welfare state environments, given the difficulties with morphogenesis and the polysemy of terms related to the third sector. The paper affirms that it is necessary to overcome the conception that the third sector is a peculiar segment of the private sector and to re-read the legislation on civil society organizations conceived in the light of the private public dichotomy, bringing propositions for the construction of a conceptual framework and legal relationship with the idea of synergistic action between public sector, private sector and third sector. The concept of public cooperation is presented as adequate to underpin the collaborative approach among sectors, which is supported by the Federal Constitution, in conforming to the convergent principles of cooperation, solidarity, subsidiarity, public interest and common good, with a long tradition in philosophy and legal science. The bottom line is that the third sector, which comprises the entirety of civil society organizations, historically fulfills irreplaceable functions, distinct from the public and private sector, and a legal framework is imperative that recognizes its specificities, but its internal grammar and articulation is still limited by the logic of the public / private dichotomy, and various appropriations in this and other legislative instruments are important. The research uses the hypothetico-deductive as the method of approach and the historical and comparative as the method of procedure. The theoretical reference is Amitai Etzioni's communitarian philosophical-sociological matrix. The thesis is related to the great issues of the Post-Graduate Program in Law - as democracy, participation and social inclusion in public policies – and particularly to the debates of the research group "Public Policies of Social Inclusion" and subgroup "Communitarianism and Policies Public ".