What is MROSC and why is it important?
It is crucial to change the understanding of social project executors when it comes to knowing the legal framework for action in the area, since ignorance is not a cloak for preserving legal actions that can arise from a lack of quality execution or delivery of the commitment made to the Public Administration. Let’s see what thoughts have been reformulated, and how they can help improve the ecosystem of social organizations and even the market, because discussing how we can increasingly work together with the second sector is important, and, I hint, this has also been seen.
Parameterization of public policies, in Decree No. 11,948 of March 13, 2024.
The first is the objective definition of the Development and Collaboration Agreement. If we go back to Decree No. 8.726 of April 2016, we see that although it is intended to regulate, the legislation in question did not take into account that conceptualizing is essential so as not to allow ramblings by those in charge and, even more so, by the public agents on duty to bring innovations to each execution. What is interesting to note here is that the two-way street is clear, whether it comes from the state or when the entities are the promoters of this execution, the other thing that makes it clear is that the Administration must set the parameters for public policy. Let’s take a closer look: when the previous decree was based on understanding “the local reality” or diagnosing the territory of intervention, what is required is PARAMETRIIZATION, which confronts the design already carried out and expressed by the public body for its target public. These concepts will become much clearer to you by reading the article – a socio-territorial intervention of ours – published here in the magazine.
If there is a relationship that is always sought after, it is one that is equidistant and equitable, with the two poles of intervention balanced and not overlapping each other at any time in this relationship, i.e. pre, post and during execution, since the interest is the result of meeting the citizen’s need, and this being the truth, there is nothing fairer than for each to do what is necessary to facilitate the partnership, including being a guide, in the case of the Administration.
To continue, you will need to understand these terms
MROSC
It stands for Regulatory Framework for Civil Society Organizations. It is a political agenda aimed at improving the legal and institutional environment between Civil Society Organizations (CSOs) and the State.Promotion agreement
It is an instrument that formalizes partnerships between the public administration and civil society organizations (CSOs). These partnerships involve the transfer of financial resources and are established to achieve objectives of mutual interest.Collaboration agreement
It is a formal instrument that establishes partnerships between the public administration and non-profit civil society organizations (CSOs). The aim is to carry out projects in the public interest, under a system of mutual cooperation, involving the transfer of financial resources.Parameterization
It’s a process that involves defining, personalizing and adjusting goals, objectives and indicators to the public policy implemented within a public body to assist vulnerable populations, with a focus on positive change in the territory, as well as the intrinsic needs of the individual.
Greater participation by the third sector in defining public policies and its relationship with the legislature
The definition of rules for seeking to promote actions through patrons in parliament is enshrined in the legal system. Thanks to this new framework, the participation of financial resources used by the legislature can no longer be judged to be out of time, given that the parliamentarian is not part of the base, because the design of the policy – the citizen’s need – must be set out on the local body’s website. This brings clarity and speed to the planners, as they will now know what the starting point is for each of the projects and public policies with a focus on changing the reality of what citizens experience in the territory. Now, we can add items of greater value, such as the subjective ones (qualitative or quali quanti) that often manage to add value to the agreed delivery.
Increasingly, construction is about serving the purpose, changing reality and, with this, building a relationship of harmony and partnership with those who make a difference in the community, with those who focus on positive change in the territory where their institution is located. Therefore, it is only fair that the Administration has people capable of clarifying, not carrying out the CSO’s work, but clarifying how or what is requested in the public notice, when the CSO does not have a technical or conceptual understanding of how to prepare the proposal or even how to submit the application in order to be successful.
Technical capacity certificates and other certifications attesting to the work of the institutions
Here we are going to draw up other criteria that make it easier to contract or take part in calls for tenders and competitions, which used to require prior approval, even from the Administration, in order to take part. These measures have now fallen away, and you can take part in a tender without having to obtain a certificate of technical capacity from the Administration, but the trade associations still prevail in the formation and participation of the list of institutions that have to do with working in a particular area, and this can even be considered a market reserve! But, before that, we should think that it is a security for both the citizen and the Administration at the time of the agreement, because it will bring greater guarantee of the execution of the object, if the one who proposes has a previous life recognized by the community in the territory, as well as within the organs of social participation. See how relevant this is. In the cases of education, health and social assistance, due to the nature of the delivery and the brevity of the search for results that improve the social and territorial environment, it would be costly to request certificates of technical capacity for those who already have an objective delivery in the community, however, and it is worth remembering, it does not dispense with the design of a project that reaches the counterpoint of the public policy demonstrated (presented) by the public body on its networks or official dissemination platforms. To close this chapter, we should note that in this area we are talking about terms of collaboration, and this indicates that the parameterization, measurement and design of the object to be executed has already been carried out by the Administration.
There are innovations in this chapter that make the land look much brighter!
Perhaps because it’s easier to measure, financial incentives are almost always the rule of thumb. But you see, reader, that everything is a matter of consensus, because we can also offer products, studies and services as long as they are measured and transformed into a financial measure. Come on, when performing a service, it goes without saying that the institution must know what its administrative, financial, personnel and logistical costs are, in other words, the operating cost, be it global or per product or service provided. In other words, this explicit unit of measurement can rank the value of the service and so the institute can claim that it will provide a certain number of extra services in return.
The principle of economy, which always seeks to minimize costs and, conversely, maximize results, has brought with it the opportunity to sign an agreement (contract) for up to ten (10) years. I would also add that the principles of efficiency and effectiveness with a focus on results have taken precedence even more, because if the institution has a recognized track record, acts with credit and has skill in executing its object, nothing is fairer than the extension sought by the State in serving the citizen be maintained and delivered where it knows it will always find it.
There are many more innovative and relevant items, let’s go back to what we pointed out at the beginning of our tour!
Donations, which were previously not considered possible directly for the institution, are now present. Art. 23, § 6 of Decree 11. 948 of March 23, 2024. You can see that there is a connection here with the legislation on both the social balance sheet, Law 11.630/07, and direct donations to collegiate bodies (diffuse rights councils). We’ll end here for now, but soon we’ll continue with more details and open up the hermeneutics of the laws to less complicated language.
Finally, this writer’s last recommendation. The legislation discussed here has not yet been incorporated into the units of the federation, i.e. their municipal or state governments have not yet done so due to the innovation and short journey of this piece of legislation, so it will be important for the movement to support the collegiate bodies and the Administration to incorporate these new, discretionary ways of dealing with the terms of partnership from the point of view of territorial implementation into their legal system and prompt execution.
- Ownership of the remaining assets will lie with the CSO, unless the partnership agreement stipulates that ownership will lie with the public administration;
- Increase in the percentage authorized to increase the value of partnerships, from 30% to 50%;
- More flexibility for changes to the work plan.
