Quais entidades não podem ser qualificadas como OSCIP?

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LEI No 9.790, DE 23 DE MARÇO DE 1999

Art. 2o Não são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público, ainda que se dediquem de qualquer forma às atividades descritas no art. 3o desta Lei:

I – As sociedades comerciais;

II – Os sindicatos, as associações de classe ou de representação de categoria profissional;

III – As instituições religiosas ou voltadas para a disseminação de credos, cultos, práticas e visões devocionais e confessionais;

IV – As organizações partidárias e assemelhadas, inclusive suas fundações;

V – As entidades de benefício mútuo destinadas a proporcionar bens ou serviços a um círculo restrito de associados ou sócios;

VI – As entidades e empresas que comercializam planos de saúde e assemelhados;

VII – As instituições hospitalares privadas não gratuitas e suas mantenedoras;

VIII – As escolas privadas dedicadas ao ensino formal não gratuito e suas mantenedoras;

IX – As organizações sociais;

X – As cooperativas;

XI – As fundações públicas;

XII – As fundações, sociedades civis ou associações de direito privado criadas por órgão público ou por fundações públicas;

XIII – As organizações creditícias que tenham quaisquer tipo de vinculação com o sistema financeiro nacional a que se refere o art. 192 da Constituição Federal.

CEBRASPE (2022):

QUESTÃO ERRADA: Uma fundação pública que possua a finalidade de promover assistência social em regiões de difícil acesso pode ser qualificada como OSCIP.

FEPESE (2016):

QUESTÃO CERTA: Entidades que comercializam planos de saúde não são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público.

FGV (2013):

QUESTÃO CERTA: As Organizações Sociais (OS’s) não podem ser qualificadas como Organização da Sociedade Civil de Interesse Público (OSCIPs).

FAUEL (2017):

QUESTÃO ERRADA: As organizações sociais, desde que preenchidos os requisitos legais, podem receber a qualificação de Organização da Sociedade Civil de Interesse Público.

CEBRASPE (2018):

QUESTÃO CERTA: Fundação vinculada à partido político e voltada para fomento ao desenvolvimento econômico e social não poderá ser classificada como organização da sociedade civil de interesse público.

CEBRASPE (2011):

QUESTÃO ERRADA: As cooperativas que se dedicam à promoção da assistência social são passíveis de qualificação como OSCIP.

VUNESP (2018):

QUESTÃO ERRADA: As instituições religiosas são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público, desde que se dediquem de qualquer forma à promoção da assistência social.

VUNESP (2019):

QUESTÃO ERRADA: As sociedades comerciais são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público, desde que se dediquem de qualquer forma à promoção da assistência social.

Quadrix (2019):

QUESTÃO CERTA: Os conselhos de fiscalização do exercício profissional podem qualificar‐se como organizações da sociedade civil de interesse público (OSCIPs), pois não se enquadram como associações de classe ou de representação de categoria profissional.

Banca própria TRF-3 (2016):

QUESTÃO CERTA: Não são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público, as sociedades comerciais, os sindicatos, as associações de classe ou de representação de categoria profissional, nem as instituições religiosas ou voltadas para a disseminação de credos, cultos, práticas e visões devocionais e confessionais.

VUNESP (2019):

QUESTÃO CERTA: A Lei n° 9.790/99 traz a possibilidade de as pessoas jurídicas de direito privado, sem fins lucrativos, serem qualificadas, pelo Poder Público, como Organizações da Sociedade Civil de Interesse Público – OSCIPs e poderem com ele relacionar-se por meio de parceria. São passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público: as instituições comunitárias de créditos sem vinculação com o sistema financeiro nacional.

Banca própria MPE-SC (2012):

QUESTÃO ERRADA: As instituições hospitalares privadas não gratuitas e suas mantenedoras, desde que sem fins lucrativos, podem qualificar-se como Organizações da Sociedade Civil de Interesse Público.

Quadrix (2019):

QUESTÃO CERTA: Não há vedação ao enquadramento de OSCIP como OS; há vedação ao enquadramento de OS como OSCIP.

Vunesp (2019):

QUESTÃO CERTA: As fundações públicas não são passíveis de qualificação como Organizações da Sociedade Civil de Interesse Público, ainda que se dediquem de qualquer forma à promoção da cultura, defesa e conservação do patrimônio histórico e artístico.

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Banca própria MPE-SC (2012):

QUESTÃO ERRADA: As fundações públicas, as fundações, sociedades civis ou associações de direito privado criadas por órgão público ou por fundações públicas somente poderão constituir uma OSCIP se forem autorizadas pelo Ministério da Justiça, hipótese em que os respectivos Tribunais de Contas tomarão as medidas para fiscalização efetiva do exercício de suas atividades.

Banca própria TRT-2 (2014):

QUESTÃO CERTA: A certificação dada pelo Ministério da Justiça às pessoas jurídicas de direito privado sem fins lucrativos, não poderá ser conferida a fundações, sociedades civis ou associações de direito privado criadas por órgão público ou por fundações públicas.

Banca própria TRT-2 (2014):

QUESTÃO ERRADA: Os sindicatos, as associações de classe ou de representação de categoria profissional poderão ser qualificados como Organizações da Sociedade Civil de Interesse Público.

IBAM (2015):

QUESTÃO CERTA: As Organizações Sociais cujas atividades sejam dirigidas à educação ou cultura também podem se qualificar como Organização da Sociedade Civil de Interesse Público.

IBAM (2015):

QUESTÃO CERTA: As cooperativas não podem ser qualificadas como Organização da Sociedade Civil de Interesse Público para celebrar termo de parceria com o Poder Público.

CEBRASPE (2014):

QUESTÃO ERRADA: Instituição religiosa pode ser qualificada como organização da sociedade civil de interesse público (OSCIP), desde que cumpridas as exigências legais.

CEBRASPE (2017):

QUESTÃO ERRADA: Uma pessoa jurídica qualificada como organização social pode, simultaneamente, ser qualificada como organização da sociedade civil de interesse público.

CEBRASPE (2015):

QUESTÃO ERRADA: São passíveis de qualificação como OSCIP, entre outras entidades, as fundações públicas e as sociedades civis ou associações de direito privado, desde que se dediquem a atividades e objetivos sociais descritos na Lei n.º 9.790/1999, conhecida como Lei das OSCIPs.

FCC (2014):

QUESTÃO CERTA: Considere as seguintes entidades sem fins lucrativos:

I. Sindicatos e associações de classe ou de representação de categoria profissional.

II. Pessoas jurídicas com finalidade de experimentação não lucrativa de novos modelos socioprodutivos e de sistemas alternativos de produção, comércio, emprego e crédito.

III. Organizações sociais.

IV. Pessoas jurídicas de direito privado com finalidades de promoção de direitos estabelecidos, construção de novos direitos e assessoria jurídica gratuita de interesses implementares.

V. Instituições religiosas ou voltadas para a disseminação de credos ou cultos.

Podem qualificar-se como Organização da Sociedade Civil de Interesse Público – OSCIP: II e IV.

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