Consórcios públicos: uma abordagem jurídica e administrativa sob a perspectiva da 'hipossuficiência' financeira dos entes municipais, na aplicação de políticas públicas

Abstract

Expected expressed in constitutional law ( Article 241 ), the institute public consortium is regulated at the federal level ( Law 11.107 / 2005 ) configured as a legal entity formed exclusively by federal entities ( municipalities, states, Federal District and Union ) qualified to serve an associated management of public services through joint actions to collective interests. Public consortia are efficient decentralization instrument to provide services with greater economic viability, as sum material resources, human and economic, reduce spending in the face of problems that would not be adequately solved by only one of the federal entities. Law 11.107 / 2005, Decree 6,017 / 2007, the joint order STN / SOF 03/2008, the STN 72 ordinances ( 01/02/2012 ) constitute the legislation that guides the establishment, operation of public consortia and brings in its bulge specific instruments own nomenclature for the carrying out steps to formalize the conclusion of the public consortium contract, which undergoes addition to the fiscal responsibility law to the dictates of the letter of intent, the apportionment of contracts and program contracts. For a public consortium, the law establishes mandatory creation of a legal entity capable of rights and obligations, with public personality or private, integrated into the indirect administration of all beings consortium that created them.