The entities that make up the S System, as Autonomous Social Services, are non-profit legal entities under private law, created to develop activities of collective interest aimed at defending the interests of the categories they represent.
This is the lesson of the doctrine:
“Autonomous social services are all those established by Law, with the status of Private Law, to provide assistance or education to certain social categories or professional groups, without profit motives, maintained by budgetary allocations or parafiscal contributions. They are parastatal entities, in cooperation with the Public korea telegram data Power, with their own administration and assets (…). Although officialized by the State, they are not part of the direct or indirect Administration, but work alongside the State, under its protection, cooperating in the sectors, activities and services assigned to them, as they are considered to be of specific interest to certain beneficiaries.” [1]
“i) they are dedicated to private activities of collective interest whose execution is not exclusively attributed to the State; ii) they act in a regime of mere collaboration with the public authorities; iii) they have their own assets and revenues, constituted, mainly, by the proceeds of compulsory contributions that the law of creation itself establishes in their favor; and iv) they have the prerogative of self-managing their resources, including with regard to the preparation of their budgets, the establishment of priorities and the definition of their job and salary frameworks, according to their own political orientation, sponsored basically by resources collected from the productive sector itself benefiting.” [2]
“They are considered parastatals because they are not part of either the direct or indirect administration, performing their tasks at the side of the State, and are formalized and supported by it, and may even collect parafiscal contributions, when they are not being directly subsidized by budgetary resources from the public entity that created them. Examples of autonomous social services are SESC, SESI, SENAI, SENAC, which do not provide public services, but carry out private activities of public interest, encouraged by the latter.” [3]
“Another set of activities involves the so-called “S System”, which comprises private entities, but which perform public functions, in the interest of professional categories.
Basically, the figures included here include Sesi, Senai, Sesc, Senac, Sest, Senat, Senar, and Sebrae – but the list is not exhaustive and other entities could also be considered.
(…)
All of these institutions have legal personality under private law, are managed by private initiative and are not subject to state intervention in the performance of their activities.
It turns out that such entities are beneficiaries of public resources.
There are contributions of a tax nature charged to members of the various professional categories, for the benefit of which the entities operate. Other resources (of a public or private nature) may be allocated for the benefit of the entities.
It is not appropriate, at this point, to question the legal nature of the institutions examined. What seems evident is that they are not subject to political or hierarchical control ties, in relation to the Public Administration.
It is problematic to classify them as components of the Public Administration. In any case, the institutionalization of their structure, the supra-individual relevance of their functions and the nature of the resources for their funding lead to the impossibility of submitting them entirely to the private law regime. However, the full and unrestricted application of the public law regime could generate numerous negative effects.” [4]
The Comptroller General of the Union and the Federal Court of Auditors state the same:
“Autonomous Social Services, also called System “S”, created by law, with a predominantly private law legal regime, non-profit, were established to provide assistance or education to certain social categories and have administrative and financial autonomy. In fulfilling their institutional mission, they work alongside the State (the Union’s role is to promote and not to provide public services).
Although they are created by law, they are not part of the Direct or Indirect Administration. However, since they manage public resources, specifically parafiscal contributions, they must justify their regular application, in accordance with the rules and regulations issued by the competent administrative authorities.” [5]
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