PARCERIAS NA EDUCAÇÃO POR MEIO DO TERCEIRO SETOR E O PRINCÍPIO CONSTITUCIONAL DO DESENVOLVIMENTO ECONÔMICO: ANÁLISE CRÍTICA DA EXPERIÊNCIA GOIANA

Abstract

This thesis aims to analyze the connections between public and private power within the context of partnerships, incorporated by the Third Way, as well as strategies for transferring the execution of public policies from the State to civil society. Therefore, the concepts of autonomy and partnership are identified in the implementation of programs developed by the Third Sector and the State in search of development, seen as a political-legal instrument of partnerships, capable of implementing public policies, ensuring economic growth as required by the Federal Constitution. Based on mechanisms for hiring the Third Sector, named Social Organizations by the Public Power, aims to identify the models imposed by the current laws, and for that purpose, the theoretical framework chosen delineates some considerations about the State and the concept of Welfare state and its crisis. In the Brazilian case, partnerships were encouraged since the administrative reform on the 1990s, based on the Federal Constitution of 1988, which is prone to the decentralization and outsourcing of services. In this context, the analysis focuses on the elements outlined in the partnerships of private institutions with public authorities in the light of the current legislation and the new Legal Framework in the partnerships, mainly within the educational field in the state of Goiás. The research identified the legal limits and challenges, both regulatory and socioeconomic in this process of development obtained in the form of implantation of the Third Sector that occurred in the state of Goiás, as well as examined the judicialization mechanisms responsible for ensuring the economic aspects on solving conflicts of interest between the public power and private initiative, in order to protect the constitutional principles.