MPF obtains decision that obliges the Union to carry out a public tender for the reactivation of the Antaq station in Amapá – News of Brazil

Partially complying with the request made by the Federal Public Prosecutor’s Office (MPF), the Federal Court condemned the Union to authorize, within 60 days, the holding of a public tender to fill effective positions at the National Waterway Transport Agency (Antaq), including vacancies intended for the state of Amapá. The objective is to allow the recomposition of the staff necessary for the reactivation of the outpost of the municipality in Macapá (AP).

The Justice reconsidered the arguments of the MPF presented in the public civil action, demonstrating the losses resulting from the closure of the Antaq unit in the state, in 2018, motivated by the lack of personnel. The new decision also took into account the information provided by the autarchy itself, which, in 2019, requested authorization from the Federal Executive to hold a public tender, given the need and importance of recomposing its staff.

The request, however, was denied by the Union, on the grounds that the country’s financial situation prevented actions with long-term financial impact. For the MPF, the argument does not hold, since the tender is intended to recompose the staff, without causing an increase in expenses.

“In the records, it appears that there is an urgent need to hold a public tender, with a view to meeting the permanent need for the services performed by Antaq, including the regulation, supervision and inspection of activities related to the provision of water transport services” , states the decision. In the action, the MPF demonstrated that the closure of the autarchy in Amapá was not motivated by the lack of need for services, but by the lack of servers, putting the safety of the local population at risk.

Understand the case – The MPF has been investigating, since 2021, Antaq’s inadequate inspection and the relationship with the lack of safety for consumers in water transport in the region. Before filing the lawsuit, the MPF had already recommended the resumption of activities at the agency’s outpost in the state of Amapá. However, Antaq claimed difficulties in reactivating the unit, in view of the reduced staff of the autarchy.

In 2018, the Macapá/Santana outpost had only one employee, which led the agency to conclude that it was not feasible to maintain the service. The autarchy considers it necessary for the full functioning of these units to have at least three civil servants, preferably two specialists in regulation and one technician. Although Antaq has informed that it maintains inspection in the state through the displacement of the team from Belém (PA), according to the process, it has not been proven whether the activity is carried out regularly or frequently.

In June 2021, the MPF obtained an injunction in a public civil action that obliged the municipality to present an action plan that included measures to reactivate the post in Macapá. In addition, it also determined that the agency should start the daily inspection of ports and vessels in Amapá, until the post was effectively reactivated. However, after the Union appealed to the Federal Regional Court of the 1st Region (TRF1), the injunction was revoked in February 2022. Then the Federal Justice of Amapá extinguished the process, without a resolution of the merits.

The MPF then appealed the sentence, claiming that the magistrate had not analyzed the request for the Union to be obliged to authorize the holding of the competition to fill effective positions in the autarchy, with allocations destined for Amapá. Faced with the request, the judge analyzed the matter and reformed the sentence itself, to accept the request of the Public Prosecutor’s Office.

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