The Senate approved this Tuesday (29) Project which ensures the transfer of at least 70% of the resources foreseen for partnerships with the Third sector during the covid-19 pandemic. The intention is to prevent public transfers to organizations from being frozen or interrupted. O PL 4,113/2020 It was approved with editorial amendments and is now subject to sanction.

O Project, from the deputy Afonso Florence (PT-BA) and other deputies, had already been approved by the Chamber of Deputies in December 2020. In the Senate, the text was Reporter Senator Confúcio Moura (MDB-RO), who chose not to make changes to the content so that the Project did not have to return to the Chamber, which would delay approval.

O Third sector encompasses organizations and entities of society of public interest, which are non-profit (NGOs, associations, foundations, charitable entities, Social Organizations). They can count on the standards stipulated by the Project the entities defined in Law 13,019, of 2014, linked to various areas of activity agreed with public authorities, and other types of agreements and partnerships.

— According to a study by Ipea, there are more than 800 thousand organizations throughout the national territory. The organizations of Civil society directly employ more than three million professionals, generating a movement of approximately 3% of the national GDP — said the Reporter.

According to Izalci, the restrictions determined to combat the covid-19 pandemic have severely affected the financial health of the State's partner entities. In addition to avoiding the interruption of public transfers to organizations, the text seeks to ensure that new contracts can be established with organizations that are working on the front line of protecting and combating the impacts caused by the health crisis.

— Public authorities need to extend a hand to government entities Third sector. The public administration should not dispense with the precious help provided by these entities, especially in a context of serious fiscal crisis. The gift Project brings instruments capable of minimizing the negative impacts caused by the pandemic to private partners who provide, on a non-profit basis, services of collective interest — he stated.

Fiscal crisis

The measures are transitional, to be applied while the restrictive measures related to combating the pandemic last. Before Amendment drafting, the text cited the state of public calamity decreed in 2020. As the decree expired on December 31 of that year, the adjustment will ensure that the measures last as long as there are restrictions.

O Project deals with several instruments signed with the public administration, in which the characteristics of the Health insurance: agreement between people to achieve a common interest, through mutual collaboration. The rules apply to agreements signed between the public administration and private non-profit entities, cooperative societies and religious organizations.

According to the text, the transfer of at least 70% of the agreed resources is guaranteed, even in the case of suspension of activities resulting from restrictive measures related to combating the pandemic. There will be no discontinuity in the transfer of public resources even in the case of non-compliance with initially planned goals and results. The partner entity's accounts will also not be considered irregular when non-compliance arises from restrictive measures included in federal, state, district or municipal regulations due to the covid-19 pandemic.

Extension

A Proposition provides instruments to assist partnerships already signed with the public administration, with the same characteristics as when they were formalized. According to the text, cases of partial or full suspension of activities provided for in the terms of cooperation due to restrictive measures may be legalized.

Regarding the complementation of agreements, the text determines that it should only occur when there is a need to adapt it to the context of confronting the pandemic. The complementation must be formalized by an addendum and cannot be in force beyond the duration of the restrictions. The text also brings several conditions for this complementation, such as the relationship between the new actions and the fight against the pandemic, compliance with the Object performance of the partner entity and demonstration of implementation viability.

The goals and results of the Work plan linked to Partnership will be reviewed within six months (180 days) of the publication of the future law. The rendering of accounts by these entities (the presentation of partial or final accounts related to partnerships and Accountability to be presented to the audit courts) may be postponed for up to six months after the end of the restrictive measures.

Access to credit

Partner entities that do not dismiss any member of their work team or suspend Payment professionals without an employment relationship will have priority access to credits offered by public financial institutions and tax benefits established due to the covid-19 pandemic. O Project also maintains the suspension of the mandatory maintenance of targets by service providers to the Unified Health System (SUS).

The celebration of emergency and temporary partnerships to combat the effects of the pandemic is authorized. To enter into these partnerships, a public call may be waived. Procedures should be simplified and the requirement for qualification documentation may be postponed. Organizations that already maintain Partnership with the public administration or that are already accredited by it.

Installment

In the case of resources that must be returned to the treasury after the Accountability, O Project allows the suspension of returns while the restrictive measures to combat the pandemic last. After this, the amounts can be returned in up to 96 installments, adjusted for inflation, without interest.

The installment payment is subject to prior demonstration of losses and difficulties related to the Covid-19 pandemic and prevents the debtor from being registered on the Registry of Impeded Private Non-Profit Entities (Cepim). In some cases, the obligation to return resources to the public treasury can be replaced by compensatory actions in the public interest.

Source: Senado Agency