Marcos regulatórios da relação fundações privadas de apoio e instituições públicas de ensino superior.

Abstract

This thesis is inserted in the field of studies on “Institutions and Development”, under the interdisciplinary focus of Social and Human Sciences. It discusses the dynamics between the public and private spheres, specifically, regarding the institutional arrangements for the performance of Private Support Law Foundations (Faps) with Higher Education Institutions (IES); public universities. The assumption that guides the study is that internal and external institutional arrangements shape institutions; connections between institutions lead to development. In this sense, the Faps, originated since the 1960s through internal arrangements in university environments, are illustrative examples of these transformations, resignified from 1995 on, in the Managerial Reform of the Brazilian State, creating conditions through decentralization, to act as: para-state entities, with “public non-state” property and space of relevance in the execution of public “non-exclusive services”. Strengthened, according to analyzes of the socio-historical and socio-institutional dimension, Faps started to be widely used, in order to face, with their modus operandi, the diversity of situations between teaching, research, extension, “institutional development” and Scientific and Technological Innovation. The trajectory of the Faps shows a dynamic of performance, considering that they have hybrid characteristics, transit between sectors of society, fit into their own legislation (“Federal Law of Faps”, n. 8.958/1994), in a structure provided for in Marco Regulatory Third Sector (MROSC) and as part of the ecosystem provided for in the Regulatory Framework for Science, Technology and Innovation (MRCTI). Faps act as intermediaries and managers, with their practices and expertise, promoting movements such as “management offices” or as “technology transfer offices”, however, still permeated by insecurities (legal and operational), controversies and questions from control and inspection bodies. In the last decade, government policies, changes introduced by Constitutional Amendment n. 85/2015 and recent regulatory frameworks aimed at renewing the security of this public/private relationship between IES and Faps, which reinforced its centrality. In Minas Gerais, in the provisions of the "State Law of Faps" (Law n. 22.929/2018) and in the State Framework for Innovation/2018, there are determinations for the dynamics of Faps' performance, strengthening the relationship with the IES and the private sphere, as well as an increase in the forms of fundraising, including the specific allocations for projects and programs of state public IES in Minas Gerais. In the perception of actors in the academic environment and those related to Scientific and Technological Innovation, for future institutional arrangements there are post-regulation “movements” that are essential, such as the uniformity of understandings, the interactivity of the institutions involved and cultural change to understand the role of Fap, considering the expertise and centrality it presents for the management of Innovation Policies, provided that the actors of the supported IES, in the same way, carry out arrangements and movements focused on this increment.