05/05/2024 – 20:25
The Court of Auditors of the State of São Paulo (TCE-SP) turns 100 years old this Monday, 6th. To commemorate the date, the court will hold meetings, starting at 10 am, in the Simón Bolívar auditorium, at the Memorial da América Latina, in Barra Funda, ceremony to hand over the “centenary necklace” to public authorities.
The decoration was created to mark the court’s centenary celebration this year. The honorees will receive the necklace, miniature, rosette and diploma signed by the president of the TCE, Renato Martins Costa, with registration in their own book. The centenary necklace honors the president of the State of São Paulo (a position equivalent to that of governor today), Washington Luís Pereira de Sousa, who, through a law, organized the Court of Auditors in December 1923 and appointed the first five members of the organ.
“We believe it is pertinent to create a commendation to mark our centenary as a permanent record. This award is limited to 100 recipients, so that this receipt gains the dimension, importance and relevance that the occasion demands”, said Martins Costa, when awarding the necklace to the members of the court in April.
According to the court, the vice-president of the Republic, Geraldo Alckmin (PSB), the governor of São Paulo, Tarcísio de Freitas (Republicans), the former president Michel Temer (MDB) and former Tucano governors João Doria, José Serra and Rodrigo Garcia. There is also confirmation of the presence of the ministers of the Federal Supreme Court (STF), Alexandre de Moraes, André Mendonça, Cristiano Zanin and Dias Toffoli.
The ministers of Entrepreneurship, Márcio França (PSB), and Justice and Security, Ricardo Lewandowski, are also expected, as well as the president of the Federal Court of Auditors (TCU), Bruno Dantas, the president of the Portuguese Court of Auditors, José Tavares and the mayor of São Paulo, Ricardo Nunes (MDB).
Court was closed from 1930 to 1947
The history of the São Paulo Court of Auditors began, in fact, on May 6, 1924, and followed several political events in the capital, the State and the world. Just two months after the counselors began their work, São Paulo dawned under bombardment by the Tenentista Movement, which, during the 1920s, mobilized young Army officers against political oligarchies and triggered its second revolt in the capital of São Paulo. The first occurred two years earlier, in Rio de Janeiro.
The TCE’s worst moment, however, occurred in the following two decades. Through decree 4793, of 1930, the court was extinguished by order of the then intervenor João Alberto Lins de Barros. At the time, employees with more than 20 years of contributions to the state government were able to request retirement. The others, with less than two decades of work, were reassigned to the State Finance Department.
“As a result of the 1930 Revolution, Washington Luís was deposed in October of that year, and Júlio Prestes, who would succeed him as President, was prevented from taking office. Getúlio Vargas, one of the leaders of the revolution, remained in power until 1945, serving as head of the provisional government, indirectly elected president and, from 1937, as dictator. The Court of Auditors, in turn, suffered an interruption in its activities due to the years of authoritarianism, being extinguished in 1930 and only resuming its functions in 1947?, records the TCE on its historical page.
Upon returning to services post-war, the São Paulo Court of Auditors managed to strengthen itself as an institution and expand its functions. Today, “it is incumbent upon the accounting, financial, budgetary, operational and patrimonial supervision of the State of São Paulo and its municipalities, except the Capital, as well as that of the respective direct or indirect administration entities and of the foundations established by them or maintained, regarding legality, legitimacy, economicity, application of subsidies and revenue waiver”, in accordance with the legislation.
Contracts inspected by the TCE do not reach the MP or PGR
In December last year, the Estadão showed exclusively that of 193 contracts with irregularities highlighted by the TCE-SP throughout the years 2021 to 2023, only 19 were sent by the Legislative Assembly of São Paulo (Alesp) to the Public Ministry or the State Attorney General’s Office (PGE) for opening of investigation.
The processes refer to contracts and amendments signed between the Government of São Paulo and its bodies with entities, associations, foundations and companies over the last 15 years. According to a survey of the Estadãojust the processes that arrived at Alesp last year add up to R$2.7 billion in possible irregularities.
The rule today, given the inertia of parliamentarians, is for the TCE itself, after 90 days of the beginning of processing in the Legislative Branch, to notify the parties involved and call the Public Ministry and the PGE to, if necessary, open investigations.
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