LETTER No. 001/2012
His Excellency. LORD
DR. ALEXANDRE Senri
PROSECUTOR OF THE REPUBLIC OF FEDERAL PROSECUTOR IN AMAZON
Dear Attorney, saw through this request the assistance of MPF so that together we (Civil Society and the Institution of Inspection) can exercise control of government spending and our State Capital (with funds from the Federal Government) in the works being performed for 2014 World Cup to be held in Manaus.
On 04/11/2011 we sent the Office of the Honorable No. 004/11 Unit Coordinator Manager's Cup Hall of Manaus where Mr. Heraldo Flag Machado requested that the PMU could present us with the complete design of the BRT (Bus Rapid Transit) to be built in Manaus, and to date does not give us any answer. (Copy of the letter attached)
We would also note that the seminar held by the UN Special Rapporteur in November 2010 in São Paulo, we hear reports of the major representative of the Popular Movement of Greece (2004 Olympics), South Africa (World Cup 2010) and Rio January (2007 Pan-American), we exposed the problems faced by them with the lack of public spending, the violation of human rights of the population (homeless, families will be removed and others) because of the works, and what were the True Legacy who were for this population, White Elephants and DEBT!
Based on the Universal Declaration of Human Rights and the Public Procurement Law, which aims to ensure the human right and the smoothness of the housing along the entire process for works of great figures (in this case BRT), bring to the attention of Your Excellency some important facts that need to be put in place to assist families who are affected by this work on behalf of Urban Mobility Cup 2014 in the city of Manaus.
According to Article XXV of the Universal Declaration of Human Rights:
1) Everyone has the right to a standard of living adequate, as well as their families, health and well-being, especially when it comes to food, clothing, housing, medical care, necessary social services and the right to security in event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
According to Federal Law No. 8.666/1993 (General Procurement Law):
Article 12. In the basic designs and design execution of works and services will be considered mainly the following requirements.
I - security;
II - functionality and suitability for the public interest;
III - economy in the implementation, maintenance and operation;
IV - the possibility of employment of manpower, materials, technology and raw materials at the place for execution, maintenance and operation;
V - ease of application, maintenance and operation, without prejudice to the durability of the work or service;
VI - adoption of technical standards, health and job security provisions;
VII - the environmental impact.
Article 23. The bidding procedures referred to in items I to III of the preceding article shall be determined according to the following limits, in view of the estimated value of the contract:
I - for construction and engineering services;
a) Invitation - up to $ 150,000.00 (one hundred fifty thousand dollars);
b) Comparison of prices - up to $ 1,500,000.00 (one million five hundred thousand dollars);
c) competition: more than R $ 1,500,000.00 (one million five hundred thousand dollars);
Article 39. Where the estimated value of a bid or bids for a set of simultaneous or successive exceeds 100 (one hundred) times the limit laid down in art. 23, item I, letter "c" of this Act, the bidding process will begin, necessarily, with an audience granted by public authority with at least 15 (fifteen) days from the date for publication of the notice, and disclosed, with at least 10 (ten) working days of its completion, provided by the same means for advertising the tender, which will have access and right to all information relevant and manifest all concerned.
As it is estimated that the works of the BRT will be of R $ 290,667,405.54 (two hundred ninety million, six hundred sixty seven thousand, four hundred and five reais and fifty-four cents, then the City should have called the referred to Public Hearing. We believe that both the civil society, as the families that will be removed, as well as the members that make this forum not read in the newspapers of the city, heard on the radio or watched on TV, the no call, invitation or announcement Such public for conducting Public Hearing As reported by the newspaper edited Amazonas em Tempo on 19/01/2012, which reveals that residents in the neighborhood of San Jose took a fright when they saw their houses marked with the symbol BRT (copy enclosed) . How is governed by Federal Law No. 8666/93, would be necessary then that the Municipality of Manaus had called Population and or interested in obtaining information (and especially the families will be removed), to be heard on such work to be performed .
Therefore, we ask this Federal Prosecutor in Amazonas state, enforcing Federal Law No. 8.666/93, which occurs due to Public Hearing giving the opportunity to hear the desire of civil society and families that will be affected (in the case of noncompliance with the Federal Law No. 8.666/93, which sanctions are applied, the crimes and penalties provided for in Sections II and III of the Act).
We also ask that the MPF being present at such hearing, rather than as an instance of supervision, can closely monitor the resources that come from the federal government (through the Ministry of Cities) contract signed by the No. 0319.510-12/10 . Copy of contract attached.
We also ask that the attorney general of the Citizens, might mediate, monitor and question in full with the Municipality of Manaus, how will the process of withdrawal and compensation to about 3 million families will be removed on account of the works of BRT in Manaus. We reiterate the request made by the letter N ° 009/2011 this MPF, in which the PMM may request to be answered all questions required by this through the People's Forum Letter No. 004/2011 submitted to the Management Unit Cup PMM. Copy attached.
Thank you and we granting that this MPF office, for such a mobilization is totally in favor of the true legacy of the 2014 World Cup in Manaus is for the PEOPLE.
Manaus, January 23, 2012.
His Excellency. LORD
DR. ALEXANDRE Senri
PROSECUTOR OF THE REPUBLIC OF FEDERAL PROSECUTOR IN AMAZON
Dear Attorney, saw through this request the assistance of MPF so that together we (Civil Society and the Institution of Inspection) can exercise control of government spending and our State Capital (with funds from the Federal Government) in the works being performed for 2014 World Cup to be held in Manaus.
On 04/11/2011 we sent the Office of the Honorable No. 004/11 Unit Coordinator Manager's Cup Hall of Manaus where Mr. Heraldo Flag Machado requested that the PMU could present us with the complete design of the BRT (Bus Rapid Transit) to be built in Manaus, and to date does not give us any answer. (Copy of the letter attached)
We would also note that the seminar held by the UN Special Rapporteur in November 2010 in São Paulo, we hear reports of the major representative of the Popular Movement of Greece (2004 Olympics), South Africa (World Cup 2010) and Rio January (2007 Pan-American), we exposed the problems faced by them with the lack of public spending, the violation of human rights of the population (homeless, families will be removed and others) because of the works, and what were the True Legacy who were for this population, White Elephants and DEBT!
Based on the Universal Declaration of Human Rights and the Public Procurement Law, which aims to ensure the human right and the smoothness of the housing along the entire process for works of great figures (in this case BRT), bring to the attention of Your Excellency some important facts that need to be put in place to assist families who are affected by this work on behalf of Urban Mobility Cup 2014 in the city of Manaus.
According to Article XXV of the Universal Declaration of Human Rights:
1) Everyone has the right to a standard of living adequate, as well as their families, health and well-being, especially when it comes to food, clothing, housing, medical care, necessary social services and the right to security in event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
According to Federal Law No. 8.666/1993 (General Procurement Law):
Article 12. In the basic designs and design execution of works and services will be considered mainly the following requirements.
I - security;
II - functionality and suitability for the public interest;
III - economy in the implementation, maintenance and operation;
IV - the possibility of employment of manpower, materials, technology and raw materials at the place for execution, maintenance and operation;
V - ease of application, maintenance and operation, without prejudice to the durability of the work or service;
VI - adoption of technical standards, health and job security provisions;
VII - the environmental impact.
Article 23. The bidding procedures referred to in items I to III of the preceding article shall be determined according to the following limits, in view of the estimated value of the contract:
I - for construction and engineering services;
a) Invitation - up to $ 150,000.00 (one hundred fifty thousand dollars);
b) Comparison of prices - up to $ 1,500,000.00 (one million five hundred thousand dollars);
c) competition: more than R $ 1,500,000.00 (one million five hundred thousand dollars);
Article 39. Where the estimated value of a bid or bids for a set of simultaneous or successive exceeds 100 (one hundred) times the limit laid down in art. 23, item I, letter "c" of this Act, the bidding process will begin, necessarily, with an audience granted by public authority with at least 15 (fifteen) days from the date for publication of the notice, and disclosed, with at least 10 (ten) working days of its completion, provided by the same means for advertising the tender, which will have access and right to all information relevant and manifest all concerned.
As it is estimated that the works of the BRT will be of R $ 290,667,405.54 (two hundred ninety million, six hundred sixty seven thousand, four hundred and five reais and fifty-four cents, then the City should have called the referred to Public Hearing. We believe that both the civil society, as the families that will be removed, as well as the members that make this forum not read in the newspapers of the city, heard on the radio or watched on TV, the no call, invitation or announcement Such public for conducting Public Hearing As reported by the newspaper edited Amazonas em Tempo on 19/01/2012, which reveals that residents in the neighborhood of San Jose took a fright when they saw their houses marked with the symbol BRT (copy enclosed) . How is governed by Federal Law No. 8666/93, would be necessary then that the Municipality of Manaus had called Population and or interested in obtaining information (and especially the families will be removed), to be heard on such work to be performed .
Therefore, we ask this Federal Prosecutor in Amazonas state, enforcing Federal Law No. 8.666/93, which occurs due to Public Hearing giving the opportunity to hear the desire of civil society and families that will be affected (in the case of noncompliance with the Federal Law No. 8.666/93, which sanctions are applied, the crimes and penalties provided for in Sections II and III of the Act).
We also ask that the MPF being present at such hearing, rather than as an instance of supervision, can closely monitor the resources that come from the federal government (through the Ministry of Cities) contract signed by the No. 0319.510-12/10 . Copy of contract attached.
We also ask that the attorney general of the Citizens, might mediate, monitor and question in full with the Municipality of Manaus, how will the process of withdrawal and compensation to about 3 million families will be removed on account of the works of BRT in Manaus. We reiterate the request made by the letter N ° 009/2011 this MPF, in which the PMM may request to be answered all questions required by this through the People's Forum Letter No. 004/2011 submitted to the Management Unit Cup PMM. Copy attached.
Thank you and we granting that this MPF office, for such a mobilization is totally in favor of the true legacy of the 2014 World Cup in Manaus is for the PEOPLE.
Manaus, January 23, 2012.
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