Publicity and transparency in voluntary partnerships

Publicidade e transparência nas parcerias voluntárias

Abstract

Abstract: The Third Sector is almost always characterized by the dependence of non-profit private entities on state "aid". As administrative support expanded, an equivalent expansion was seen in corruption. To prevent it, Law 13019/14 was enacted (Law on Voluntary Partnerships), the original text of which was largely distorted by Law 13204/15. The latter resulted from the conversion of Provisional Presidential Decree 684/15; however, since it lacks thematic homogeneity with it, it is formally unconstitutional. Nonetheless, both the original text – in a more emphatic manner – and the current text – in a more modest way -, impose a series of requirements, in voluntary partnerships, for the observance of the duties of transparency and publicity. To understand them, one proposes a new classification of partnerships, different from the one legally established, and also to examine, one by one, all the respective legal and regulatory requirements. Administrative support creates a special relationship of subjection between the beneficiary of the support and the Administration, requiring both to give full publicity to everything related to the administrative partnership.