Introduction.

The SUS is part of the legal complex of mutations of Administrative Law and its repercussions in the scope of Public Administration have aroused the interest of study of jurists, social scientists and sanitarians, being this object of this article coming from thesis research of the subscriber. Justification. There are legal mechanisms for partnerships in the provision of public services by SUS that come not only from the profusion of laws in this sense, but also from the exarted thinking of the social actors involved, such as politicians, the academic community, agents of public power, state and institutional, judicial power and society. Methodology. Historiographical method applied to documentary reading, here understood as literature review and content analysis of judicial decisions and jurisprudential contextualized to the socioeconomic moment of the decade of 90 onwards. Results. We can see the promotion of decentralization of public services started in the 1990s. The main governance challenges identified are: (i) failure to manage governance; (ii) lack of adequate planning; (iii) the lack of analyzes that indicate that outsourcing is the best option for the analyzed case; (iv) omission of study capable of demonstrating possible advantages in hiring professionals through private entities. Conclusion. The process of private non-profit entities acting on behalf of the Public Power is a phenomenon confirmed by the control bodies, as well as by the national institutions, although the federative entities have precarious governance structures, creating obstacles in the escalation of not only social challenges to the community, but also to the SUS before the forms of collaboration of the public and private sector.