O relacionamento entre as instituições federais de ensino superior e as fundações de apoio: parceria privada ou válvula de escape ao regime jurídico publicístico?

Abstract

Partnerships between the public administration and the so-called third sector, composed of civil society organizations, non-profit, is a land of legal uncertainties about the benefits and legal beacons for such legal relations. Specifically in tangent relationships between the Federal Institutions of Higher Education and the so-called supporting foundations, reigns doubt about such aspects, there is no consensus on the limits of legality to the activities of such private entities. Alongside this, the present study aims to investigate these legal ties, checking whether and to what extent the support foundations represent a way forward to the institutions with which they act or, on the other hand, if function as illicit mechanisms to release the state of their limitations derived from public legal regime. Along these lines, the monograph was structured from 04 (four boundaries). First, conceptualizing foundations to support their way of constitution and its classification to the Brazilian legal system. Second, declining legal aspects relevant to their relationship with the government, especially in light of the bidding process hypotheses. Third, outlining the historical roots that drove the emergence of such partnership in the Brazilian legal scenario. Room, pointing ways of using these mechanisms as ways to escape the shackles from the public legal regime.