Skill formation, cultural policies, and institutional hybridity: Bridging the gap between politics and policies at federal and state levels in Brazil

Figures & data

Table 1. Ideas, decrees, and laws in the skill formation policy-area in Brazil, 1933–2011

Act	Abstract
Getúlio Vargas’ speech, 1933	Vocational training organizing industrial labour
Roberto Simonsen’s speech, 1934	Industrial production with labour protection
1937 Constitution, art.129	Established apprenticeship as the industrialists’ responsibility, while “education for the poor,” the state’s
1939 Decree-law n.1.238	Compelled enterprises with 500 or more employees to fund in-firms courses for professional improvement for minors and adults
1942 Decree-law n.4.048	Creation of SENAI and levy scheme
1942 Decree-law n.4.073	Organic Law of Industrial Training
1942 Decree-law n.4.481	Apprenticeship Law
1944 Decree-law n. 6.246	Changed levy contribution to insulate SENAI from inflation
1966 Decree-law n.72	Created the National Institute for Social Protection-INPS
1971 Education Law n. 5.692	Made professional training a compulsory part of secondary education (art.5/6)
1982 Decree-law n. 7.004	Suspended professional training as a part of the educational system; vestibular
1987–88 Constituent National Assembly	Industry federations present 1.6 million signatures collected to keep the levy payroll scheme
1989 1st ABC Metalworkers Congress of the Central Workers Union Confederation-CUT	Demanded that levy funds should be treated as public (and not private) money
1990 Decree-law n. 99.350	Dissolved INPS and IAPAS to create the National Institute for Social Security-INSS
1996 New Education Law-LDB	Did not mention vocational education and training
2001 Provisional Measure n. 2.143/31	Creation of the Office of the Comptroller General-CGU
2006 Decree n. 5.683	CGU audits and inspects the system’s funds
2007	Secretariat of the Federal Revenue of Brazil takes over the attribution to control and allocate levy funds
2011 Law n.12.528	Creation of the National Truth Commission
2016 Law n.13.314	Creates the Ministry of Transparency, Inspection and General-Comptroller
2016 Project of Law n.386 (Senate)	Proposes to allocate 30% of levy funds to finance Social Security

Source: Authors.

Table 2. Main ideas and institutional learning of the secretariat of culture

Law/act	Abstract	Idea attached	Excerpt	Institutional learning
846/1998	Refers to the qualification of organizations as social organizations (Original text in the Legislative Assembly website)	Managerialism; Hybridity	Article 6—For the purposes of this complementary law, a Management Contract is understood as an instrument signed between the Public Authorities and the entity qualified as a social organization, with a view to forming a partnership between the parties for the promotion and execution of activities related to the Area of health or culture	Beginning of the Reform of the State in São Paulo. Possibility of Managerial Contracts between regional government and civil organizations on the deliverance of public policies. Public x private hybridization
43.493/1998	Refers to the qualification of social organizations in the field of culture	Managerialism; Hybridity	Article 6—The execution of the Management Contract will be supervised by the Secretary of Culture, through an evaluation committee, appointed by the Secretary of Culture	Institutionalization of the norms to the establishment of the Management Contract and the composition of an appointed auditing commission
50.611/2006	Redesigns and includes provisions, defining Decree N.43.493 of 29 September 1998, which provides the qualification of social organizations in the field of culture	Managerialism; Hybridity	Article 4—Members of the board, managers and directors of social organizations in the field of culture are prohibited of exercising a managerial position or a function of trust in the Secretariat of Culture	Prohibits the sharing of employees between Social Organizations and the government and establishes criteria for contracting and remuneration of human resources by the SO
50.941/2006	Reorganizes the Department of Culture	Managerialism; Hybridity	Article 2—The functional field of the Secretariat of Culture is: I—formulation, planning, coordination and execution of the State’s cultural policy; II—formulation, proposal of guidelines, planning, coordination and strategic control […]	Reorganizes the administrative structure of the Secretariat of Culture of the State do São Paulo
53.330/2008	Adds one paragraph to Article 3 of Decree N.43.493 of 29 September 1998, which provides the qualification of social organizations in the field of culture	Managerialism; Hybridity	Sole Paragraph—The provisions of the “caput” of this article do not apply if the qualification is postulated exclusively for the execution of activities in a museum that does not have relevant artistic assets, as defined by the Culture Secretariat	Qualifies what is “execution of activities in a museum that does not have relevant artistic heritage”, opening the opportunity to the qualification of an SO without previous experience of 03 years in the management of museums
10/2008	Qualifies legal entities of private, non-profit and social organizations in the cultural policy-area	Managerialism; Hybridity	Considering: The guidelines of the State’s cultural public policy regarding its objectives and social achievements; The establishment of a partnership with organized civil society to carry out cultural projects; Optimization of public resources allocated; The improvement and improvement of the public services provided to the population, decides: […]	Call for interested NGOs interested in being qualified as Social Organization of Culture
54.340/2009	Adds provisions to the Decree N.43.493 of 29 September 1998, providing the qualification of social organizations in the field of culture. Creates fund for contingencies related to the implementation of the work program of Social Organizations	Managerialism; Hybridity	Article 1—[…] VI—establishment of a reserve of resources for contingencies related to the implementation of the program of work …	Determines the creation of Reserve Fund by the SO from percentage of the resources passed through the state via Management Contract
16/2011	Establishes the Communication System of the State Secretariat of Culture—SICOM	Managerialism; Hybridity	Paragraph 1—The activity related to institutional communication includes: I—coordination of actions related to advertising, public relations, promotions, events and other related activities of the entire State Secretariat of Culture and qualified social organizations; III—the monitoring and supervision of the activities of planning, creation, creation and delivery of advertising campaigns, as well as promotions and events of the entire State Secretariat of Culture and qualified social organizations	Centralization of the official communication of the activities of the Culture Secretariat, including the activities developed by the SO
58.052/2012	Regulates the Federal Law N.12.527, of 18 November 2011, which regulates the access to information, and gives related measures	Managerialism; Hybridity	Article 2—The fundamental right of access to documents, data and information shall be ensured by: I—observance of publicity as a general precept and secrecy as an exception; […] V—fostering the development of the culture of transparency in public administration […]	Creates transparency procedures for entities of the State and to not-for-profit organizations that receive public funds to carry out activities of public interest
59.046/2013	Creates the units specified and amending Decree N. 50.941, of 5 July 2006, which reorganizes the Secretariat of Culture and gives related	Managerialism; Hybridity	Article 1—The following units are created in the Culture Secretariat: Indicated: I- Monitoring Unit for Management Contracts, directly Subordinate to the Secretary	Creates an specific administrative unit in the Secretariat to oversee the Management Contracts
110/2013	Provides the application of administrative penalties by Federal Law N.8.666/1993 and State Law N.6.544/1989, under the Management Contracts concluded by the São Paulo State Culture	Managerialism; Hybridity	Art.2—The penalties will be applied in compliance with the principles of reasonableness, proportionality, as well as the nature and seriousness of the infraction and the damages that come from it for the public service	Establishes penalties for non-compliance with the Management Agreement by OS
60.106/2014	Regulates Federal Law N.12.846, 1 August 2013	Managerialism; Hybridity	Article 2—The establishment and judgment of an administrative process of accountability, for the purposes of article 8 of Federal Law 12.846, of 1 August 2013, will be: II—in the indirect and foundational Administration, to the superior officer of each entity	Regulates on the administrative and civil responsibility of fiduciary agents for the practice of acts against the public administration
60.428/2014	Approves the Code of Ethics of the State Public Administration, and redesigns Decree N.57.500, 8 November 2011	Managerialism; Hybridity	Considering that the control of the acts of the Public Administration, imperative of Good governance, is essential to democracy, constituting a right of the citizen […] Article 2—The Code of Ethics of Public Administration shall be available in all organs and entities of the Public Administration subject to its norms, in a visible place and of easy access to the public	Establishes a code of ethics for the Public Administration
60.681/2014	Amends Decree N.43.493 of 1998, which provides the qualification of social organizations in the field of culture	Managerialism; Hybridity	Article 6—The execution of the Management Contract concluded by the social organization of the area of culture shall be supervised by the Secretariat of Culture, through its competent units, and periodically analysed by the Commission for the Evaluation of the Execution of Management Contracts of the Social Culture	Creates an independent commission to oversee the Management Contracts and determines its composition
101/2015	Approves the Reference Model of the Management Agreement to the contract of Social Organizations of Culture	Managerialism; Hybridity	Considering the opportunity to improve the parameterization of norms and procedures related to Management Contracts within the scope of the Secretariat of Culture RESOLVES: Article 1—Approve the Minutes-Referential of the Contract of Management of the Secretariat of Culture of the State of São Paulo with Social Organizations of Culture	Establishes a pattern to the Management Contracts between the government, especially in its cultural field, and the qualified Social Organizations
61.832/2016	Constitutes the changes at the structure of the Culture Secretariat and gives related providences	Managerialism; Hybridity	Article 2—The denomination of the following units of the Secretariat of Culture is changed in the following conformity: I—of Unit of Promotion and Diffusion of Cultural Production for Unit of Promotion to the Culture	Reorganizes the administrative structure of the Secretariat, separating the activities of cultural development from those of Diffusion and Cultural Production, which relocated some Management Contracts from one unit to another
62.528/2017	Establishes, for the purposes it specifies, guidelines referring to the execution of Management Contracts with social organizations mentioned in Supplementary Law 846 of 4 June 1998	Managerialism; Hybridity	Article 4 […] e) If the subject of the Management Contract is again submitted to a public call, the resources of the contingency reserve referred to in this paragraph may, with the authorization of the Secretary of Culture, be transferred to the new contracted social organization, for the constitution of a new contingency reserve and with the same purpose	After a judicial process that prevented the re-employment of SO Pensarte Institute, it determines the need for legal framework for hiring these organizations in the “Management Contract” modality, as well as determines criteria for the reallocation of resources between different Social Organizations for the same purpose