The clock showed 0.39 in the morning on Thursday the 30th, and it was already a party in Brasilia when the Chamber of Deputies approved a package of projects that speed up the sending of funds to electoral strongholds and reduce municipal control over tenders . The proposals are criticized by experts, who point to risks of deviation, lack of transparency and even the formation of cartels.
One of the projects, presented by MP Otto Alencar Filho (PSD-BA), allows municipalities to participate in tenders from other municipalities by purchasing the same products from the same suppliers without opening a new procedure.
The form is called a price recording report and is used only for recurring purchases of common things, such as disposable cups, cleaning supplies and food. According to experts, the practice can contaminate municipal tenders, establishing the same products and the same suppliers for cities that have different realities. Additionally, if there are hiring issues, such as overpricing or targeting a single company, everyone will suffer.
Compliance with non-recurring contracts has already caused misappropriation of public money, as in the cases of secretly budgeted asphalt, the purchase of robotics kits, and the expense of steaks not delivered to the indigenous people of the Amazon.
In total, four projects rolled into one were approved, which normally happens when proposals on the same topic are submitted. The package was approved with 307 votes in favour, 27 against and one abstention.
The rapporteur, MP Elmar Nascimento (União Brasil-BA), is no longer present in the Chamber and the person who read the opinion is MP Domingos Sávio (PL-MG). The Speaker of the Chamber, Arthur Lira (PP-AL), had also left his post before the deliberation. The majority of deputies voted remotely, via mobile phone. At the time of approval, the number of deputies present in the plenary was not more than 50.
“We don’t know what we’re voting for. I can’t be either against or in favor, because we don’t know,” said MP Julia Zanatta (PL-SC), who voted against. Cabo MP Gilberto Silva (PL-PB) voted in favor and said he was “convinced” by party leaders that the project was good, but criticized the quick vote in the early hours of the morning. “We need to have predictability and know what we are voting for.”
The majority bloc, which brings together the parties with the largest number of parliamentarians, did not lead the vote. “I follow the majority and I’m leaving. The majority is gone, president,” said MP Evair Vieira de Melo (PP-ES), prompting laughter from his colleagues. He voted against.
Municipalities
The package is expected to make it easier to send federal funds, including parliamentary amendments, to municipalities in 2024, the year of municipal elections. Mayors are pressuring members of Congress to send money faster and make deliveries before the dispute.
Another project in the approved package, drafted by Senator Tereza Cristina (PP-MS), creates a simplified regime for sending federal resources to municipalities that sign agreements to receive the funds and carry out the works.
According to the proposal, if the project costs up to R$1.5 million, the money will be paid all at once, in advance, and only then will the municipality implement the service. Previously, payment was made in installments and depended on the progress of the work, which generated greater scrutiny, but also complaints from mayors and parliamentarians about the delay.
Additionally, if the work costs less than the transfer sent by the federal government, the municipality will no longer have to pay back the rest and can use the surplus to expand the project. For example, if you planned to pave 20 streets, you could pave five more.
The model is a response to the use of the Pix amendment, which also provides for the direct transfer of resources to municipalities, but is not supervised and has attracted criticism from experts and supervisory bodies.
The simplified regime provides for direct and early transfer, but still maintains federal oversight with technical requirements such as a work plan, environmental licenses and monitoring reports – which is not the case under the Pix amendment.
Support for the Pix amendment has grown and could reach 12 billion reais in 2024, the year of municipal elections, but its use has annoyed some parliamentarians, since mayors can use the money in any way and many do not spend according to the instructions from the deputy.
Reserved proposals
The same project opens a loophole to reduce transparency in tender processes and even in the formation of cartels. In offers with a value above R$ 1.5 million, companies will offer proposals confidentially for engineering works, technical assistance and urban cleaning services.
In this format, called closed dispute mode, the proposals of interested parties to win the tender are known only at the time of publication and opening of all submitted offers, which can facilitate the formation of collusion between contractors. The model already exists and the project states that, for purchases over R$1.5 million, this will be the rule.
For the prosecutor and president of the Instituto Não Aceito Corrupção, Roberto Livianu, the package raises concerns at a time when the value of parliamentary amendments increases and scrutiny decreases. “The ingredients of the project show us that the situation is very serious and, if there is a problem in an offer, the defect will contaminate the offers that embark on the same contract,” he said. “You cannot eliminate bureaucracy while disrespecting public assets. The project may generate market concentration, which is harmful and goes against the very principle of tendering.”
“Unfinished Work”
The rapporteur of the package, Elmar Nascimento (União-BA), stated in the opinion that the proposal generates greater speed and efficiency in purchasing and negotiations by municipalities. Now the text will be sanctioned or vetoed by President Luiz Inácio Lula da Silva. “We must put an end to this story of unfinished work in Brazil and loss of public money because it is not possible to conclude an adequate tender,” said Domingos Sávio.
The information is from the newspaper The State of S. Paolo.
Source: Terra
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