https://orcid.org/0000-0002-4925-8921
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Abstract
This article analyses ideas, institutions and policy designs that aim at facilitating the resolution of social, economic and cultural problems through the direct involvement of civil society organizations, and other parties. More specifically, it focuses on two hybrid designs of partnerships in Brazil for the deliverance of public policies: the first sealed between the Brazilian government and paulista industrialists; the second, between the state of São Paulo government and civil society organizations. From the former stems a set of non-state autonomous entities that, among other functions, provide apprenticeship; from the latter, Social Organizations (OS) are contracted (contratualizadas) to deliver policies of culture. This study concludes that distinct ideas that opened windows of opportunity to design and implement hybrid partnerships for the deliverance of public policies beyond the state led to similar strategies of institutional insulation. The article finishes discussing possible implications of insulation to the Brazilian democracy to suggest some questions to lead to a new research agenda.
Public Interest Statement
Public policies of education and culture are important, especially to enhance a convergent and plural society, based on common ideas and knowledge, and shared symbols and memories. This article discusses how political ideas were converted into policies in Brazil, especially in the skill formation policy-area at national level, and cultural policies at state level. We demonstrate how political thoughts, such as national economic development and values associated to the maintenance of a democratic regime, may be embedded into political institutions. We end the article with the evaluation that it is possible to consider that the insulation of hybrid models of partnerships between government and society not necessarily results in better democracies.
Notes
1. Contractualization is a term which defines the establishment of the public goals that must be achieved through the ratification of a Management Agreement between the state and a civil society organization (NGO).
2. On the limits imposed on workers´ activism, then, see DeDecca (Citation1981), Draibe (Citation1985), and Weinstein (Citation2000).
3. https://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao37.htm. Accessed on 21 May 2017.
4. Decree-law n.1.238 (of 2 May 1939) compelled enterprises with 500 or more employees to fund vocational education in-firms by offering courses for professional improvement for minors and adults that were to be defined by an inter-ministerial commission appointed by the ministries of Labour and Education.
See https://www2.camara.leg.br/legin/fed/declei/1930-1939/decreto-lei-1238-2-maio-1939-349345-publicacaooriginal-1-pe.html. Accessed on 21 May 2017.
5. On these and subsequent developments, see especially (Weinstein, Citation2000), on which we draw here.
6. Simonsen denounced the law school graduates, who allegedly dominated the government bureaucracy, for their ignorance of domestic conditions. According to Weinstein (Citation1997), the group that formulated this initial legislation on vocational training was not directly linked with either workers or employers. Instead, technicians in the ministries of Education and Labour were responsible for the formulation of decree-law n.1.238.
7. https://www.planalto.gov.br/ccivil_03/decreto-lei/1937-1946/Del4048.htm. Accessed on 21 May 2017.
8. On 2 February 1944 (decree-law n.6.246), this contribution changed to 1% of the monthly payroll, in order to insulate SENAI from the effects of inflation. See https://www.planalto.gov.br/ccivil_03/decreto-lei/1937-1946/Del6246.htm. Accessed on 21 May 2017.
9. https://www.planalto.gov.br/ccivil_03/decreto-lei/1937-1946/Del4073.htm. Accessed on 21 May 2017.
10. https://www.planalto.gov.br/ccivil_03/decreto-lei/1937-1946/Del4481.htm. Accessed on 21 May 2017.
11. From a political perspective, it is worth noting that the intersections between FIESP with the military governments were brought about by the National Truth Commission (created by Law n.12.528, in 28 November 2011). Disclosing secret documents produced by the National Information Service (SNI) that have been found in the National Archive, the Commission demonstrated the collaboration between the FIESP’s Permanent Group of Industrial Mobilization with the repressive apparatus, especially in “providing the necessary material to military operations.” Among these operations was the Banderantes Operation (OBAN)—a police station that was transformed in 1969 into a place where opponents of the military regime were tortured in São Paulo. For further information, see www.cnv.gov.br.
12. The 1988 Constitution (Art.149) establishes three types of contributions to be collected by the state: (i) social contributions, (ii) contributions for intervention within specific economic fields, and (iii) contributions in the interest of professional sectors. The paragraph related to social contributions provides legal basis for the existence of eleven contributions that range between 1% and 2.5% on payroll. Contributions collected by the state and passed on to private organizations may be used, according to specific legislation, to provide professional training (CGU, Citation2009).
13. In 24 January 2006, Decree n. 5.683 altered the CGU structure, creating the Secretariat of Prevention of Corruption and Strategic Information (SPCI). Since 17 September 2013, the Secretariat of Transparency and Corruption Prevention (STPC) substituted the SPCI (decree n.8.109/2013), and, in 2016, it became part of the Ministry of Transparency, Inspection and General-Comptroller (created by the Provisional Measure n.726, becoming Law n.13.314, in 29 September 2016).
14. https://www.cultura.gov.br/documents/10883/12503/decreto-criacao-minc.pdf/44fecef5-12b2-4af7-a526-1b9b7768ff74 Accessed on 21 May 2017.
15. https://www.planalto.gov.br/ccivil_03/Leis/L7505.htm Accessed on 21 May 2017.
16. https://www.planalto.gov.br/ccivil_03/leis/L8313cons.htm Accessed on 21 May 2017.
17. https://www.planalto.gov.br/ccivil_03/leis/L8685.htm Accessed on 21 May 2017.
18. https://www.planalto.gov.br/ccivil_03/leis/L9637.htm Accessed on 21 May 2017.
19. Several aspects of this reform were inspired in the British Reform, especially in what concerns the QUANGOs (Quasi Non-Governamental Organizations). On this theme, see Skelcher (Citation1998).
20. https://www.transparenciacultura.sp.gov.br/organizacoes-sociais-de-cultura/legislacao/ Accessed on 21 May 2017.
21. https://www.transparenciacultura.sp.gov.br/wpcontent/uploads/2016/03/2016.03-Boletim-UM-n.-2-RY.pdf Accessed on 21 May 2017.
22. From 2007 to 2014, the budget allocated in eight Social Organizations, whose contract had been broken for several reasons (including corruption), was simply transferred to new contracted OSs (Romão Netto, Citation2015). One example of this case is the new contract (n.31/2008) that stated (on p. 46) that, in order to maintain the hybrid model of partnership, the incoming Social Organization (Santa Marcelina Association) should organize and offer the same cultural activities that were proposed by the former organization (Friends of Tom Jobim Music Centre) (DOESP, Citation2008).
23. https://www.transparenciacultura.sp.gov.br/organizacoes-sociais-de-cultura/legislacao/ p. 6. Accessed on 21 May 2017.
24. For the Supreme Court’s vote, see.
https://www.stf.jus.br/arquivo/cms/noticiaNoticiaStf/anexo/Voto__ADI1923LF.pdf Accessed on 21 May 2017.
25. In April 2016, for example, Dilma Rousseff had started the qualification of a new Social Organization to manage the Cinemateca Nacional (the national repository of Brazilian films). https://www.cultura.gov.br/noticias-destaques/-/asset_publisher/OiKX3xlR9iTn/content/id/1337966 Accessed on 21 May 2017.
26. Today, the association is composed by 25 Social Organizations in states governed by distinct political parties, including São Paulo (PSDB), Minas Gerais (PT), Rio de Janeiro (governed by the Social Democrat Movement Party—PMDB), and Pernambuco (governed by the Socialist Brazilian Party—PSB). https://abraosc.org.br Accessed on 21 May 2017.
Additional information
Notes on contributors
José Veríssimo Romão Netto
José Veríssimo Romão Netto, Doctor in Political Science, University of São Paulo, is a researcher at the Center of Metropolitan Studies (CEM) and at the Center of Public Policy Research (NUPPs), both at the University of São Paulo.
Marta Maria Assumpção-Rodrigues
Marta Maria Assumpção-Rodrigues, PhD in Political Science, University of Notre Dame, is a Professor of Public Policy Management at the University of São Paulo.
From a historical-institutionalist perspective, the authors assume that the mapping of ideas and institutional processes of decision-making may clarify central points related to democracy, identifying ways through which institutional changes impact directly on how public policies are decided and delivered. The authors apply such methodological perspective mainly on public-private partnerships designed to the deliverance of specific policies, like education and culture.