Author: Angela Pinho

Source: Folha de S. Paulo, 13/07/2007

The proposal was sent by bill to Congress.

It paves the way for regulating the administration of sectors of the State through non-profit private law foundations. The rule would apply to hospitals and other areas such as public TV, science and technology and civil servants' pensions - in all cases, non-exclusive services provided by the State.
The project faces resistance from unions and other sectors of the health sector, as it allows the hiring of civil servants under private sector rules - taking away from them rights typically associated with public service, such as tenure.
On the other hand, foundation contractors, who will have managerial and budgetary autonomy, are not subject to the salary cap.

The government argues that the change will give agility to public management and will reward civil servants with good performance.
Purchases will have to comply with the legislation on public tenders in contracting services and purchasing equipment. The foundation, however, may edit its own regulations, with more flexible rules.
“It is necessary to respond quickly when buying equipment or hiring a specialist”, said the Minister of Health, José Gomes Temporão.
After the vote on the proposal by Congress, the government will send a specific bill for the creation of foundations for hospitals.
In principle, the proposal would be valid for the ten that are currently subordinated to the Ministry of Health -nine in Rio and one in Porto Alegre- and for the 48 university hospitals of federal institutions, but it could also be adopted by states and municipalities, totaling about 2.500 units.

Last week, representatives of Consad (National Council of Secretaries of State for Administration) met with Minister José Gomes Temporão to express their support for the idea.

On the occasion, Sidney Beraldo, São Paulo's Secretary of Management, said that the state foundation has the sympathy of the São Paulo government, since it would eliminate legal questions to the administration of hospitals through social organizations, which already hold the management of some establishments. of health in the state.
According to the federal government's proposal, sent to Congress the day before yesterday, the transfer of resources to state foundations is conditioned to the fulfillment of certain management goals - in public hospitals, this corresponds to a certain number of visits and hospitalizations, for example.

The new employees would be hired through a public tender, but under the CLT (Consolidation of Labor Laws) regime, which is valid for the private sector. Part of the employee's remuneration would be linked to the performance of the health establishment, which can only be served by the SUS (Unified Health System).
For civil servants who have already entered the career, there will be no change.

If the proposal is approved, the government would still have to prepare other specific bills to create foundations for each hospital or group of hospitals.
Temporão and Planning Minister Paulo Bernardo countered the critics' attacks on the proposal, who see it as having a “privatist” character.
“It is nonsense. The name itself says that the foundation belongs to the State,” said Minister Temporão.

Paulo Bernardo also stated that the complementary law would end with “real gambiarras” that, today, university hospitals use to hire employees through private support foundations.