REGULATORY FRAMEWORK OF CIVIL SOCIETY ORGANIZATIONS: LEGAL FOUNDATIONS, THIRD SECTOR NATURES AND COMPLIANCE IN PUBLIC PARTNERSHIPS

Abstract

This article presents a theoretical and bibliographic research on the Regulatory Framework for Civil Society Organizations (MROSC), established by Federal Law No. 13,019/2014 and improved by Law No. 13,204/2015. The study aims to comprehensively analyze the legal and conceptual foundations that structure the relationship between Public Administration and Third Sector entities in Brazil, with emphasis on the innovations introduced by the current regulatory regime. The research was conducted through a systematic review of relevant legislation, jurisprudence of higher courts — especially the Federal Supreme Court — and specialized administrative law doctrine. The results highlight three fundamental axes: the historical evolution and the new partnership paradigm between the State and organized civil society; the different legal natures and qualifications of Third Sector entities, including foundations, associations, religious organizations, cooperatives, CSOs of public interest (OSCIPs) and Social Organizations (OSs); and the emerging challenges related to digitalization, the professionalization of the actors involved, and the new frontier of compliance, in light of the recent Federal Supreme Court decision in ADPF 854. It is concluded that the MROSC represents a significant advance in rationalizing and bringing transparency to relations between the public sector and civil society, constituting an indispensable instrument for the good governance of public interest partnerships.