Post by xyz3000 on Feb 12, 2024 9:24:20 GMT 1
Condepe-Fidem — Pernambuco State Planning and Research Agency will be able to continue the international bidding for works related to physical and social infrastructure projects in the metropolitan region of Recife. The decision is made by the president of the Superior Court of Justice, minister Edson Vidigal. The minister suspended the effects of the decision of the Court of Justice of Pernambuco, which granted an injunction in a Writ of Mandamus in favor of the company PB Construções, to suspend the competition process until the merits of the request are analyzed. The company understands that part of the notice violates bidding legislation.
Condepe-Fidem claimed in the request for suspension of security that “the delay in the bidding for the hiring of executors for the aforementioned projects will deprive those administered of the essential infrastructure to improve their living conditions, privileging the private Estonia Email List interest of the defendant to the detriment in the greater interest of society.” The agency also maintained the legality of the item identified as illegal by the company, which would not restrict the competitive nature of the bidding process and that financing by Bird — International Bank for Reconstruction and Development requires compliance with the contractual rules established in the loan.
Minister Edson Vidigal considered that the suspension of the bidding will cause delays in the beginning and completion of infrastructure works essential to improving the living conditions of the needy population living in the metropolitan region of Recife. Furthermore, the president pointed out the risk of significant losses to the public treasury if the decision of the TJ of Pernambuco is maintained, as these are works financed by the Bird, which require compliance with deadlines for execution, under penalty of financial costs, “which inexorably reflect on the public economy”. The president also stated that the STJ understands that the requirement to prove technical and financial capacity requirements established by an international institution as conditions for approval of financing is not illegal or violates the principle of equality between competitors.
Condepe-Fidem claimed in the request for suspension of security that “the delay in the bidding for the hiring of executors for the aforementioned projects will deprive those administered of the essential infrastructure to improve their living conditions, privileging the private Estonia Email List interest of the defendant to the detriment in the greater interest of society.” The agency also maintained the legality of the item identified as illegal by the company, which would not restrict the competitive nature of the bidding process and that financing by Bird — International Bank for Reconstruction and Development requires compliance with the contractual rules established in the loan.
Minister Edson Vidigal considered that the suspension of the bidding will cause delays in the beginning and completion of infrastructure works essential to improving the living conditions of the needy population living in the metropolitan region of Recife. Furthermore, the president pointed out the risk of significant losses to the public treasury if the decision of the TJ of Pernambuco is maintained, as these are works financed by the Bird, which require compliance with deadlines for execution, under penalty of financial costs, “which inexorably reflect on the public economy”. The president also stated that the STJ understands that the requirement to prove technical and financial capacity requirements established by an international institution as conditions for approval of financing is not illegal or violates the principle of equality between competitors.