Established by Law No. 13,019/2014 and valid for the Union, states and Federal District, it creates three legal instruments of Partnership suitable for CSOs: the Development Term, Collaboration Term and the Cooperation Agreement, which may only be concluded by non-profit private legal entities. Some CSOs that have specific titles, such as Social Organizations (OSs) and Organizations of the Civil society of Public Interest (OSCIPs), will be able to enter into these three instruments of Partnership and other instruments provided for in their specific legislation (such as management contract, for OSs, and the terms of Partnership, for OSCIPs).
The entry into force of the new MROSC also implies the end of the use of the Health insurance as an instrument of Partnership with private entities, this being restricted to partnerships between federated entities and the participation of CSOs in health services in a complementary manner to the SUS, under the terms of article 199, §1, of the Federal Constitution.
The new Regulatory Framework for Organizations of Civil society establishes some requirements for a CSO to enter into partnerships with public authorities, which include:
• Have at least one, two or three years of regular registration in the National Register of Legal Entities (CNPJ), depending, respectively, on the Partnership whether celebrated within the scope of municipalities, the Federal District or the States and the Union, the reduction of these deadlines by a specific act of each entity is permitted in the event that no organization reaches them;
• previous experience in effectively carrying out the Object from the Partnership or of a similar nature; It is
• present certificates of fiscal, social security, tax, contributions and active debt regularity, in accordance with the applicable legislation of each federated entity.
The law also defines impediment conditions for entering into partnerships with the Public Administration, such as the impossibility of Manager of the entity being a member of Power or the Public Prosecutor's Office, or the case in which the entity is omitted in its duty to account for Partnership previously celebrated.