Court denied foundation’s appeal; hiring was suspended in 2021 after lawsuit filed by Guilherme Boulos
The STJ (Superior Court of Justice) denied the appeal of FDTE (Foundation for the Technological Development of Engineering) on Tuesday (03.Sep.2024) and maintained the order to return R$ 545 thousand to the coffers of the municipality of São Paulo. Read the decision from the STJ (PDF – 151 kB)
FDTE was hired without bidding by the management of Ricardo Nunes (MDB) to evaluate the city’s Strategic Master Plan in 2021. The value of the full contract was R$3.5 million. The contract was questioned in a class action lawsuit by the federal deputy Guilherme Boulos (Psol) and by the Psol Feminist Bench in the City Council, pointing out the lack of bidding as an irregularity.
THE TJ-SP (Court of Justice of São Paulo) suspended the contract in August 2021. FDTE filed appeals in court and the action was taken to the STJ.
At the STJ, the company claimed the legality of the direct contracting because it was a specialized technical service. However, Gurgel de Faria, the rapporteur of the case, rejected the appeal and upheld the decision of the TJ-SP.
The Justice of 1st The authority had already considered the hiring unnecessary, noting that the city hall had professionals qualified for the task.
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