JURIDICAL VIABILITY OF PARTNERSHIPS BETWEEN PHILANTHROPIC LONG-TERM CARE FACILITIES FOR THE ELDERLY (LTCFS) AND MUNICIPAL HEALTH SECRETARIATS FOR THE TRANSFER OF BUDGETARY RESOURCES

Abstract

This study examines the juridical viability of formalizing partnerships between philanthropic Long-Term Care Facilities for the Elderly (LTCFs) and Municipal Health Secretariats, with the primary objective of enabling the transfer of budgetary resources for the funding of health actions and services. Given Brazil's demographic scenario of an aging population and the consequent rise in demand for complex care in institutional settings, the traditional administrative segregation between Social Assistance and Health sectors has proven inadequate for fully guaranteeing the right to comprehensive care for the elderly. The methodology employed is based on documentary analysis and normative exegesis of the Regulatory Framework for Civil Society Organizations (MROSC) — established by Law No. 13.019/2014 — and the constitutional and infra-constitutional principles that underpin the Unified Health System (SUS), with particular attention to the complementary participation of the third sector in the provision of public services. The research explores the intrinsically hybrid nature of LTCFs, which, although formally categorized as social assistance facilities, perform crucial sanitary functions, regulated and supervised by bodies such as the National Health Surveillance Agency (ANVISA). The results of the analysis indicate that the transfer of resources from the Municipal Health Fund to philanthropic LTCFs is not only juridically viable but also entirely legitimate. This viability, however, is conditional on the formalization of these partnerships through detailed work plans that clearly specify the health goals and actions to be funded, thereby ensuring transparency, efficiency, and the correct application of public resources.