THE SUBJECTIVE EXECUTION OF CORPORATE OBJECTIVES IN THE CONTEXT OF PARTNERSHIPS AND SIMILAR INSTRUMENTS

Abstract

This research analyzes the role of an organization’s "social purpose" (its stated mission or scope of activities) within partnerships established between the Public Administration and civil society organizations. It focuses on the alignment between the partner entity’s institutional objectives and the specific scope of activities agreed upon in administrative instruments—namely, termos de fomento (funding agreements), termos de colaboração (collaboration agreements), and acordos de cooperação (cooperation agreements), as governed by Law No. 13.019/2014. The research problem stems from the observation that, in administrative practice, the scope of such partnerships is frequently defined in purely operational, financial, or procedural terms, often failing to adequately examine whether the agreed-upon activities truly align with the executing organization’s core social purpose. The study employs a qualitative approach, drawing on a literature review, document analysis, and a comparative examination of organizational bylaws, partnership instruments, and judicial precedents. Theoretically, the study engages with scholarship on the formation of the State, Public Administration, and Administrative Law to argue that an organization’s social purpose is a foundational element for the legality, efficiency, and substantive legitimacy of public partnerships. Analytically, the study proposes the concept of "subjective execution" (execução subjetiva) as a qualitative lens for interpreting the concrete effects of a partnership on the individuals, territories, and populations impacted by a given public policy. The findings indicate that a lack of precise conceptual treatment regarding an organization’s social purpose—combined with insufficient evidence of its alignment with the agreed-upon scope of activities—undermines legal certainty, weakens results-oriented accountability, and hinders the assessment of a project’s social impact. The study concludes that an organization’s social purpose should be placed at the center of the legal-administrative analysis of partnerships between the State and the third sector, serving as a benchmark for institutional coherence, the legitimacy of implementation, and the overall effectiveness of public policy.