Maracanã tender: Vasco goes to court against the government and asks for an injunction against renewal of commission | soccer
3 min readVasco decided to sign the Government of Rio de Janeiro, six days before the end of the term of the Permission of Use (TPU) for Flamengo and Fluminense. The legal department of Sao Januaro FC presented this Thursday morning, prof Injunction with Request for Injunction of the State Civic House to Execute a Public Invitation to Bid for the Temporary Allocation of the Maracanã Stadium.
Vasco da Gama’s document also asks the judge that if there is an automatic renewal of the existing licensee (which is Flamengo, with Fluminense as an agreeing intervening party), the process is suspended, thus preventing a new TPU. This will be the seventh consecutive renewal, with six of them without any overall competition.
Vasco’s lawyers recall that the bidding law must guarantee “competition, independence, publicity and transparency in all stages of its proceedings, so that it is subject to public scrutiny in an impartial manner.”
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“… The lack of respect for the aforementioned principles is blatant, both in the latest renewal of the TPU, even in the face of VASCO DA GAMA’s clear interest in participating, or in the next renewal that is already approaching, without publishing the notice of contact in advance by law”says an excerpt from Vasco’s work.
The board of directors of the club from Sao Januário cites several actions taken in the past few days – such as a public expression of interest in participating in the competition for TPU, a willingness to accept all the terms stipulated in the contract and even an offer higher than the one currently in force.
“If the TPU proves itself that its cohort will be offered under the tender law, then why is the notice of contact in question not published, at least 30 days before its submission as required by law, and there are no proposals from other potential interested parties in the use of the MARACANÃ complex?” , the document says.
In the ruling, TCE recommended a public invitation
The Rio de Janeiro State Court of Auditors is also analyzing the case. The Maracanã tender has been suspended since October last year, by decision of the Court Counsellor.
Vasco is also supported by the vote on the ruling of Chancellor Mariana Montebello Wellman. The TCE recommends that the state government undertake a public invitation procedure – that is, implement a procedure for inviting interested parties into the process – if new permission for the temporary use of a stadium is obtained.
On April 25, the current temporary assignment (TPU) to Flamengo and Fluminense ends. At the moment, the Civil House still needs to respond to the decisions of the TCE, which set out 14 points considered irregular or reasons for clarification.
TPU – short for permission to use – is the device the government has used since the termination with the Odebrecht Consortium in October 2019. Since then, there have been six renovations with duo Flamengo and Fluminense, who operate the stadium. TCE’s educational body, in an analysis conducted in 2021, deemed that there had been a breach of its bidding duty and classified the supplier as a “manufactured emergency” due to failure in state government planning.
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