A atuação do terceiro setor na prestação do serviço público de educação básica nos municípios : limites à subsidiariedade e discricionariedade na perspectiva do direito administrativo social.

Abstract

This dissertation aims to investigate the management and provision of the public service of basic education by the third sector in the municipalities and whether this has acquired contours of discretion and subsidiarity in a sense contrary to the precepts of social administrative law. The problem faced in the research questions whether the manager's discretion, in the name of defending subsidiarity, distorts the role of civil society and the State in the context of its implementation in the logic of social administrative law. The theme of the dissertation will be developed following the dialectical method, in a historical and critical perspective, seeking to give treatment by locating in time the material that is the object of the study. The research technique, in turn, is indirect documentation. In the first chapter, based on the analysis of managerial administrative law or whether it is possible to speak of a new administrative law, the controversial definition of public service and the criticism of direct and indirect execution, whether it intends to characterize the State as a fundamental agent in the provision of services public authorities, understanding the legal implications arising from the logic of protecting shortcomings. The second chapter seeks to identify the third sector as a provider of public services and develops through the complexity that is defining it and the attempt to frame the entities that compose it from the regulatory framework of Law n. 13.019/2014 and the decision of Declaratory Action of Unconstitutionality n. 1.923, demonstrating that the management and provision of public services by entities means difficulty in accessing information. Finally, the basic education service provided by the third sector is discussed, highlighting what is not yet understood about subsidiarity and causes its distorted application. The limits of the discretionary choice of the public manager in partnerships are finally pointed out in order to finally criticize the preponderance of management and provision of public services in Brazil by the third sector based on social administrative law.