Transparência na contratação de organizações sociais de saúde: a urgência do acesso à informação na Lei 12.527/11 para a garantia da eficiência e da economicidade na saúde pública

Abstract

The conquest of social rights arising from the struggles of the health movement reinserted public health in Brazilian society as of 1988, with the promulgation of the Federal Constitution. Thus, the creation of the Public Health System was fundamental to confer on the population a public health service, mainly based on the principles of universality, completeness, gratuity and equity. The complementary performance of the private sector in the execution of the services offered by the State was inserted in art. 199, of the Magna Carta. Although the public-private frontier was well delineated, from the 1990s on, it began to be less defined with the introduction of management models. This is because, in view of the economic advance and the preference for the Minimum State, the political-institutional agenda of the State Reform promoted the execution of the health services by the model of non-governmental organizations, in order to modernize the Public Administration. Considering, then, its constitutionality, after the decision of the Supreme Federal Court, it becomes fundamental the exercise of social control to supervise the performance of this management model, based on flexibility, and efficiency. In addition, tolerance for corruption in Brazil is evidenced as one more reason to control such organizations, which is only possible with the implementation of transparency mechanisms. For this reason, the present paper proposes to answer the following questions: a) The Law on Access to Information guarantees the availability of all information about the contracting of non-governmental organizations, both on the websites of the Secretariats of Health of the Brazilian States and Territories, as well as in the electronic sites of the non-governmental organizations. B) In spite of transparency, to what extent is the Law on Access to Information capable of guaranteeing the principles of economy and efficiency in the provision of public health services by OSS? In the meantime, the first chapter focused on presenting the Brazilian political-institutional context, demonstrating corruption as a tolerated practice in the country. The second chapter contrasts the proposals of the Sanitary Reform to the Reformation of the State, contextualizing, historically, the advances of the public health in Brazil. The third chapter refers to the applicability of the Law on Access to Information on the websites of the Secretariats of Health of the Brazilian States and Territories, as well as on the sites of the four largest non-governmental organizations in Brazil and all non-governmental organizations of The State of Espírito Santo. Finally, the fourth chapter indicates possible ways to reduce acts against the Public Administration, with the aim of guaranteeing fundamental rights.