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(OSCIP) Civil Society Organization of Public Interest

Law No. 9790 of March 23, 1999

André Luis Garcia Barreto *

WHAT IS A OSCIP?

OSCIP is an acronym still little known outside the network of entities that
operate in the so-called third sector. The subject began to draw attention since
it was enacted Law No. 9790/99, which regulates the relations between state
and society. First, we must clarify the meaning of the acronym. OSCIP mean
Civil Society Organization of Public Interest and the law provides a new form of
engagement, the partnership agreement, to bind the State to entities classified
as OSCIP.

With the Law No. 9790/99, also known as the Law of the Third Sector,
the government has put in place to build a new institutional framework that
enables the progressive changes in the design of government policies, in order
to transform them into public policies partnership between state and civil society
at all levels, with the incorporation of citizens' organizations in their
development, its implementation, its monitoring, in its assessment and its
review.

This was one of the justifications of the bill that the Executive sent to
Congress. The PL No. 4690, which resulted in Law No. 9790/99, looked
especially the financing of OSCIP. This is because the idea was to allow the
government could hire OSCIP without the bureaucracy within the laws as that of
8666/93, which deals with procurement, public bids and tough measures to
transfer public money to the private sector.

The performance of a OSCIP, according to art. 3º da Lei 3 of the Act,


shall aim to promote at least one of the following segments: i) social assistance,
ii) culture, defense and preservation of historical and artistic iii) free education,
iv) free health care; v) food security and nutritional vi) the protection,
preservation and conservation of the environment and sustainable
development; vii) voluntary viii) economic and social development and poverty
reduction; ix) non-profit testing new models of socio-productive and alternative
production systems , trade, employment and credit; x) advocacy and building of
new rights, xi) defense of ethics, peace, citizenship, human rights, democracy
and other universal values, and xii) studies and research, development of
alternative technologies, production and dissemination of information and
technical and scientific knowledge.

WHAT ARE THE ADVANTAGES OF THE COMPANY AS QUALIFIED OSCIP?

The advantages of private non-profit, while the recognition of Civil


Society Organization of Public Interest, issued by the Ministry of Justice is to be
able to conclude a partnership agreement with the government, legal instrument
created by Federal Law 9790/99 and that govern the actions of their partners in
meeting the goals and targets set in the Work Program. This instrument is
approaching the legal concept of the AGREEMENT, as will the government
promote the transfer of funds with total or partial proof of its applications and
implementation of services or delivery of the goods agreed upon, only the end
of its execution, preserving the obligation and the right of supervision by both
partners and the Council of Public Policy quoted in a partnership agreement.
Because it is the term the Partnership of a hybrid instrument between the
public contract and the Convention, enjoy the non-requirement of this bid.

A social entity qualified as OSCIP enjoys also the following advantages:

• the power of public order equipment, furniture, buildings and facilities for
use of their social activities;

• received from the public for sale (donation) of public goods (furniture and
equipment) for use for the benefit of its statutory objectives;

• to receive donations and public power, products, goods and equipment


seizures by the police power of the state (Federal Police, Fiscal Stance,
Environmental Tax, etc.). for their own use or sale for the benefit of its
activities statutory and social.

• to receive financial donations from businesses and individuals by tax


incentives (tax expenditure of State for the benefit of a social entity, when
calculating the tax payable by the taxpayer to promote donations of
financial values the social being).
OSCIPS CAN PROVIDE THE ECONOMIC ACTIVITIES?

The activities performed by OSCIP's to achieve the goals established by


law may have an economic nature, are subject to modification and, accordingly,
recommends that they be described in the statute after its purposes, which are
unchanged as Article 3 of caput of the law. However, this type of activity should
always have an additional nature, his self-reliance in order to achieve the goals
outlined in the public interest in the law, failing which the entity does not do
justice to the official recognition that promotes the public interest.

Public agencies that operate in diverse areas who wish to hire


contractors, should be careful to establish rules protecting in the equality of the
participants, establishing the terms of reference and bidding documents, the
categories of legal entities able to participate in the event of According to its
legal status and qualifications in order to prevent fraud and ensure the
constitutional principle of equality.

One thing is certain: where can the government hire certain action with
the private sector may also, if there are convenience of administration, promote
the adoption of a partnership agreement with OSCIP and even promote the
hiring of the same by the Administrative Contract subject to the rite of Federal
Law No. 8666/93, is to compete with other bidders or even to be exempted from
the bidding.
(*)
Executive Secretary Institute Sagres –Institute Qualified as a Civil Society
Organization of Public Interest (OSCIP) under Law No. 9790 of 23 March 1999,
according to the order of the National Secretariat of Justice, published in the
Official Gazette of 15 August 2006.