SP: Justice suspends hiring without a bid from the City Hall

The São Paulo Court of Justice accepted, on Tuesday (24), a request for an injunction by Guilherme Boulos to suspend the hiring, without a bidding process, of the Foundation for the Technological Development of Engineering (FDTE), made by the São Paulo City Hall by R $3.5 million for review of the municipality’s Master Plan.

The lawsuit was filed by Boulos after a denunciation published by Brasil de Fato on May 7 this year. “The decision not only suspends an irregular millionaire contract, but guarantees that the Master Plan can be discussed as it should, with the direct participation of the population, without collusion”, explains the leader of the Homeless Workers Movement (MTST).

In his decision, judge Aroldo Viotti highlighted the absence of the hiring notice. “What is immediately verified is that, despite the complete predictability of the provision of services of the kind, the appellee chose to resort to the always exceptional measure of dispensing with the bidding procedure, a recognized exception against the rule of conducting a bidding process.”

Boulos was a candidate, in 2020, for the Mayor of São Paulo. The psolist was defeated in the second by Bruno Covas (PSDB), who died on May 16 this year. With the death of the elected mayor, Ricardo Nunes (MDB) took office.

understand the case

On April 23, the City of São Paulo published in the Official Gazette the hiring, without a bidding process, of the FDTE, which would be responsible, according to the announcement, for the “provision of specialized technical services consisting of support in studies, evaluations, advice and consultancy for the participatory review of the Strategic Master Plan (PDE)” in the city of São Paulo.

At the time, in an interview with Brasil de Fato, a career engineer from the city hall, who works in one of the boroughs in São Paulo, criticized the hiring of the FDTE.

“With absolute certainty, the servers would review the Master Plan. We have accumulation for that and the mayor could save these resources to apply in other areas”, explained the worker, who asked not to be identified.

Today, the municipality of São Paulo has on its staff 991 engineers and architects who could work on revising the Master Plan.

City Hall of São Paulo informed, through a note, that the Attorney General of the Municipality has not yet been notified of the decision. If there is a subpoena, all appropriate measures will be taken.

The municipal administration highlighted the federal law 8.666/93 which does not require bidding for hiring a Brazilian institution of research, teaching or institutional development of notorious specialization. On Monday, the city hall, for contracting, a consultation was carried out with entities of the same nature and the one with the lowest price was chosen. The contracted value fits the market parameters and is equivalent to six months of study, which takes into account several deliveries and work steps to be released.

The city hall informed that the FDTE has the express function of supporting, complementing and providing technical support for the systematization of monitoring and diagnostic data for the revision of the Master Plan. The work is prepared by a multidisciplinary technical team coordinated by 27 specialists (university professors, engineers, economists, architects, urban planners, lawyers) and will complement the technical measures already being adopted by the Municipal Urban Planning and Licensing Secretariat.

Edition: Anelize Moreira

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