The operation investigates the criminal organization's relationship with fraudulent processes; 3 councilors from São Paulo municipalities were detained
The operation investigating the participation of the Primeiro Comando da Capital (PCC) in public tenders arrested 14 people this Tuesday (April 16, 2024), including 3 councilors from the cities of Ferraz de Vasconcelos, Santa Isabel and Cubatão in São Paulo. In addition to them, public servants, lawyers and businessmen were arrested. Operation Muditia is an initiative of the São Paulo Public Ministry and the Military Police.
Arrests are temporary, for a period of 5 days. “This arrest is procedural. At the end of this period, it can be extended and later converted into preventive detention.”, explained prosecutor Yuri Fisberg, responsible for Operation Muditia, in a press interview. According to the prosecutor, the arrests were necessary so that the suspects did not hinder the investigations.
During the searches, the police were in 11 public buildings, 21 residential complexes and 10 commercial buildings and collected 4 weapons, more than 200 ammunition, 22 cell phones and notebooks. They also found R$3.5 million in checks, R$600,000 in cash and almost 9,000 dollars.
Of the 11 public buildings that were targets of search and seizure, seven were city halls (Guararema, Poá, Itatiba, Ferraz de Vasconcelos, Santa Isabel, Arujá and Cubatão) and four were headquarters of Municipal Chambers (Ferraz de Vasconcelos, Santa Isabel, Arujá and Cubatao).
Prosecutor Fisberg highlights that not all city halls that are the target of the operation would participate in the scheme. Prosecutors did not provide the names of those being investigated, as the operation is being carried out under secrecy and is still ongoing.
At least 8 companies are being investigated. According to the prosecutor, one of them handled more than R$200 million in public contracts.
Operation
Launched this Tuesday (April 16), Operation Muditia operated in several cities in the state of São Paulo. In a week, it is the second operation that investigates the involvement of members of the PCC criminal faction in the dispute over public tenders in several city halls in the state of São Paulo.
Prosecutors involved in the investigation emphasize that the PCC has expanded its business beyond drug trafficking, targeting contracts with public authorities.
On April 9, Operation End of the Line was launched, in which directors of two bus companies in the capital of São Paulo were arrested on suspicion of links with the criminal faction.
“I think that both today's operation and last week's operation make it very clear that nowadays, thinking of this criminal faction as linked solely to drug trafficking, the crime of robbery, or these violent crimes, by far no longer corresponds to the true. What these operations make very clear is that there is a sophistication in the activity of this criminal organization, which also demands from us a greater articulation of information transmission, of joint action, because I think that only then will we, in fact, achieve fight this organization”, said prosecutor Frederico Silvério at the press conference.
The name of the operation, Muditia, alludes to the economic group investigated and also to the main contracts that were signed between the PCC and the public authorities and which involved outsourced labor focused on cleaning and inspection and control posts.
According to prosecutor Yuri Fisberg, the two operations, although they have similar focuses, are carried out by different teams and are not linked to each other. “This investigation is absolutely different, the core of action, at least from what has been investigated so far, is totally different. But just like last week's other operation related to bus companies, [elas mostram que] The PCC has diversified its activities and given greater complexity to its operations in different areas, including the public sector”.
Crime
The investigation showed that the criminal structure simulated public competition with partner companies or companies belonging to the same economic group. “In short, there are some companies being investigated, either on behalf of people associated with the PCC or on behalf of oranges, sometimes employees of some of these companies, who competed and simulated competition in tenders for chambers and city halls and also for the state of São Paulo. Basically, provision of facilities services, that is, cleaning labor, inspection and control posts”, explained prosecutor Fisberg.
“The objective was, from the control of companies, to direct the results of tenders, especially in the area of cleaning”, detailed Emerson Massera, colonel of the Military Police.
There are also indications of systematic corruption of public and political agents and various other crimes – such as document fraud and money laundering. The companies investigated repeatedly acted to frustrate competition for outsourced labor in the state.
“What we have are three very distinct nuclei. In the first of them, businesspeople and company employees worked in the operational part, with a leadership linked to the criminal faction. There were also lawyers who worked for this operation and the third nucleus was made up of political agents and public servants, who facilitated the service through consideration, that is, through evidence of bribery to favor such companies in the public sphere.”, explained Fisberg.
“We are dealing with a criminal organization that operates in partnership, favoring the faction, on three axes. One of them is the commission of these crimes of bid fraud. At the same time, we have the practice of corruption crimes, with the involvement of public agents who receive part of the value to facilitate, assist and favor the hiring of these people who make up the criminal organization; and these legal entities, these business companies, which were used for money laundering [do tráfico]. So, there are three interconnected axes: money laundering, criminal organizations and corruption of public agents”, added prosecutor Flávia Flores.
According to prosecutor Fisberg, to prevent new crimes like this, which involve public tenders, from continuing to exist, more is needed than the actions already provided for in the new Tenders Law. “We need to walk a long way in compliance in city halls and public bodies“, he said.
Other side
In a note, the city of Poá informed that “did not receive official notification about the operation, but is available to the Court to collaborate and even provide any clarifications that may be necessary. Likewise, the Poaense Executive trusts in its technical staff and honesty in handling processes and other acts that involve the public good and the municipality”.
The Ferraz de Vasconcelos City Council said that, for now, it will not comment on the action.
The city of Santa Isabel says that there were no actions linked to the city's Executive. The Santa Isabel Chamber informs that it has been cooperating with the investigations. “Regarding arrest warrants, we inform you that we were not informed about possible arrests. We await the outcome of the investigations, and we remain at the disposal of the Court for further clarification.”, says the note.
The city of Cubatão, in turn, informs that it was not mentioned in the investigation that investigates possible irregularities in contracts of the City Council. The Cubatão City Council said it was aware of the operation and is collaborating with the teams, providing the documents requested by the authorities.
The city of Guararema said it collaborated with the work of the Special Action Group to Combat Organized Crime (Gaeco) and the Military Police. “The Municipal Administration remains at the disposal of the police authorities to help with whatever is needed.“, he wrote in a note.
With information from Brazil Agency
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