The state deputy (PT-SP) filed representations with the TCE (State Audit Court) and the Public Ministry of São Paulo against the payment of R$ 2 billion to concessionaires for economic-financial rebalancing of contracts by .
The representation was presented against the governor (Republicans) and the board of directors of the (Transport Agency of the State of São Paulo). In the text, he cites the regulatory agency’s deliberation involving the rebalancing of contracts and states that the value corresponds to approximately 15% of the direct investment capacity planned for the State in 2026.
“The decision, taken quickly in December, raises serious concerns regarding its legality and legitimacy”, writes the parliamentarian in the document.
He also speaks of a lack of transparency, “since the minutes and deliberations of the last meeting on the 15th are not published on the Artesp website, as well as documents with calculations of the effective financial loss as a result of the decrease in traffic”.
“It is not even known whether cost reductions resulting from the reduction in traffic, such as maintenance costs, among others, were deducted from the calculations”, continues the parliamentarian.
Donato also says that the compensation resulting from the economic-financial rebalancing due to the reduction in revenue due to the reduction in traffic during the pandemic period would be “a type of revenue waiver that was not even submitted to the Legislature for consideration, which, in theory, would violate the system of checks and balances, distorting the State budget which is subjected to scrutiny by the Legislative Branch, a power granted by the popular will.”
When contacted, the government informed that the economic-financial rebalancing of concession contracts affected by the Covid-19 pandemic is provided for in legislation and contractual clauses and “is a regulatory instrument designed to ensure the continuity and adequate provision of public services to the population”.
The note says that the assessment of impacts is carried out by Artesp and that the methodology is deliberated in sessions of the agency’s Board of Directors, with acts published in the Official Gazette, “ensuring transparency and broad access to information”.
“Based on this regulation, the impacts are analyzed individually in each contract, considering the specificities of each concession”, he continues. According to the SP government, similar procedures have been adopted by other regulatory agencies in the country, such as ANTT (National Land Transport Agency).
“Artesp’s recognition of the imbalance does not imply, in itself, an automatic definition of the form of recomposition”, he says. “The rebalancing modality is formalized by the regulatory agency, according to the instruments provided for in the contract and with monitoring by control bodies.”
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