Justice maintains public notice of R$ 80 million for advertising in SP – 01/25/2023 – Mônica Bergamo

The 4th Public Treasury Court of the São Paulo Court of Justice rejected a request for an injunction that required the suspension of an advertising notice worth R$ 80 million opened by the City of São Paulo. The decision contradicts an opinion presented by the São Paulo Public Prosecutor’s Office.

The determination is in response to a lawsuit filed by federal deputy Tabata Amaral (PSB-SP), who questioned the need for the management of Ricardo Nunes (MDB) to hire advertising campaign services that would encourage tourism in the capital. According to the parliamentarian, two other contracts worth R$ 320 million would already cover the demand.

For judge Sergio Serrano Nunes Filho, however, there were not enough reasons given to “remove the presumption of regularity of administrative conduct” since the city hall may come to prove the need to open a public notice for competition.

“In the defense, the defendant may [a Prefeitura de São Paulo] prove the need for hiring […]being, in theory, within the administrative discretion greater investment in advertising with a more specific scope”, says the magistrate.

Called to manifest, the Public Prosecutor’s Office of São Paulo pointed out the possibility of an act harmful to public property and defended the suspension of the event.

According to the organ, there is plausibility in the thesis presented by Tabata Amaral that the public notice “seems to attack the municipal treasury”, since the services would already be served by means of two other signed contractors.

“There is, in principle, no imminent need for the contract under analysis, given the obvious overlapping of objects, indicating a frontal violation of common principles of Public Administration, such as efficiency, morality and reasonableness”, says the opinion.

“It is true that it is not given to the Judiciary to replace the legislator in the definition of public policies, and the discretion of the public administrator must be honored, but in a legality control of administrative acts, it is up to the Judiciary to impose limits on the legislative choices made, when they if they are manifestly disproportionate, contrary and even offensive to the public interest”, he further states.

Last week, Tabata Amaral went to court and obtained the suspension of a public notice worth R$ 20 million opened by the city hall for the contracting of communication services.

On the occasion, judge Maricy Maraldi stated that the municipal management already has two advertising contracts and there would be no need for a third contract.

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THEY IN POWER

Marie Claire magazine will start, this Thursday (26), the publication of a series of interviews with the ten best voted women for the Chamber of Deputies in the last election. The first of them will be with Erika Hilton (PSOL-SP), the ninth candidacy that received the most votes in the state of São Paulo in 2022.

Hilton told the magazine that he sees his presence in Brasilia as an important step towards a new policy. “We transvestites are the vanguard of this revolution that is so necessary”, says she, who is one of the first transgender parliamentarians in the history of the National Congress.

Made available on the Marie Claire website on the eve of the start of legislative activity in Brasília, the interview with Erika Hilton will feature on the digital cover of the publication and can also be read in the February print edition, which will hit newsstands on the 5th.

_{with BIANKA VIEIRA (interim)KARINA MATIAS and MANOELLA SMITH}

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