Executive Secretariat

Cited precedents: Sentences in 1998/2008 and 81/2010 and Decision 535/2000, all of the Plenary assembly. Sentence n. 534/2011-Plenary assembly, TC-032.619/2010-3, rel. Min. Ubiratan Aguiar, 02.03.2011.Licitaes of the type technique and price: attribution of distinct punctuation for technique and price demand justificativPara the examination of representation by means of which it had notice of possible irregularities in Competition 1/2010, promoted for the Executive Secretariat of the Ministry of the Sport, and that it had for object the act of contract of company specialized in the rendering of services of consultoria, strategical planning and public rendering of services of press assessorship and relations to promote the Ministry of the Sport, its programs and its action, in Brazil and the exterior, the TCU promoted diligence to clarify, amongst other facts, the reasons for attribution of weight 6 for the proposal technique and 4 weight the proposal of price, in disconformity with item 9.3.6 of Sentence 1488, of 2009, of the Plenary assembly of the Court. In that chance, the collegiate one understood weights 7 high, for technique, 3, for price.

For the Ministry, the attribution of the weights in Competition 1/2010 would be in accordance with decisum of 2009, of what the reporter divergiu. For it, in the species, ' ' the reduction of the difference between the weights, even so means advance in relation to the previous proclamation, integrally does not take care of the determination of Sentence 1.488/2009? Plenrio' '. Still according to reporter, would be essential, and he did not consist of the proclamation of Competition 1/2010, the presentation of justifications techniques that demonstrate the razoabilidade of the balance, a time that ' ' the adoption of disproportionate criterion could cause damage to the competitiveness of the certame and the attainment of the proposal most advantageous for the Administrao' '. In this direction, the partial descumprimento of the previous determination of the Court would be configured.

Military Regimen

To omit and to lie, sins in the information! Edson Silva did not have thus to be, but unhappyly it is tradition in Brazil to appear ' ' denuncismos' ' in electoral years. The situation if aggravates, leaving citizens, voters or not, still more confused, when the dispute are for executive positions, as president of the Republic, governor of state and mayors, rights that, in the case of the first positions, we only retake respectively have 28 and 21 years, after of Military Regimen. the conquest was with popular fight and mobilizations, with courageous participation of parties compromissados with the people. The reactionaries if had omitted and the majority of other sectors, I cite the case of the press, was obliged if to be silent by means of brutal censorship, what libertarian voices tried to express, the metal ring and the cannon had compelled to be silent. Happily, as for the liberty of speech, we live other times and with as much freedom that, unhappyly, some agencies of the press use to surpass the true function to inform correctly, to give ample right to counsel, not to make judgment of values and to leave that the readers take off its conclusions. In this point, to the times I ask myself if worse he is to censure or to manipulate and I enter in the old question: ' ' he is worse to omit or to lie? ' ' He is well-known that some great companies (reviewed, periodicals, radios and TVs) take left in segments as esportivo, religious, social and when one is about the politician, then? Nor if he speaks! I am not against the taking of party in itself. I am against manipulating, to want to impose what the company finds certain, not to take in consideration documentation, knowing that, at time of Election, they do not lack opportunists, ready to ' ' denuncismos' ' , little if mattering with which consequence that will have the country. .