MP defends expertise in garbage contract in Jundiaí (SP), which is the target of allegations of irregularities in court — Photo: Jundiaí City Hall/Disclosure
The Public Ministry of the State of São Paulo (MP-SP) defended the carrying out of a technical examination and the granting of urgent measures by the Court to monitor and limit the execution of the urban cleaning contract in Jundiaí (SP).
The direct contracting without bidding with four companies that form a consortium for a period of 180 days, for a value that exceeds R$70 million, is challenged in a lawsuit filed by a citizen who points out illegalities in the renewal of the emergency service, budget failures and the risk of undue payments.
Jundiaí City Hall was contacted by g1 to comment on the complaint and the MP's position and said that it was not notified about the case (read the full response below).
In the action, lawyer Rodrigo Vieira das Neves de Arruda, author of the case in his own case, explained that the popular action seeks to combat the repetition of exemptions from bidding for a permanent service in the city. According to him, the city hall in practice extended emergency contracting with the same companies for more than a year, exceeding the deadline stipulated by federal legislation.
Understand the action
The popular action was filed in court on October 25th against the Municipality of Jundiaí, Mayor Gustavo Martinelli, municipal secretaries and directors, in addition to the contracted consortium. The process challenges the exemption from bidding number 036 of 2026 and contract number 59 of the same year, which transferred the execution of public cleaning to the private group without public competition.
According to the process, the city hall had already maintained a previous emergency contract for the same purpose. At the end of the one-year period, the municipality carried out a new direct contract that once again benefited companies, which together hold 90% of the new consortium. The action highlights that the Bidding Law and decisions of the Federal Supreme Court (STF) prohibit rehiring the same companies for the same emergency after the 12-month limit.
The document also points out that the contract provides for the possibility of extending the term, contradicting the authorization act published by the city hall, which defined the 180 days as non-extendable. Furthermore, the action questions the price research used to define the value of the contract, which adopted the winning company's own proposal as a reference, without extensive consultation with market values.
Other possible irregularities reported include the lack of resources reserved in the city hall to pay the entire contract, as there was a budget guarantee of R$39,708,621.82, leaving a difference of R$30,292,214.78 without confirmed funds, which corresponds to 43.27% of the total value.
The complaint also points out the risk of double billing in stages of garbage collection and transportation, the fixed monthly transfer of R$40,000 in overtime without individual proof and the fact that the city's cleaning director signed the justification for the emergency and was then appointed inspector of the contract itself.
Position of the Public Prosecutor's Office and request for expertise
In a statement presented on Tuesday (29), prosecutor Guilherme Gottardello defended that the Court partially grant urgent requests to block irregularities without interrupting garbage collection, avoiding harm to the health of the population of Jundiaí.
"However, when assessing the urgent protection, one cannot neglect the imperative continuity of essential public cleaning services, collection and final disposal of solid waste. The abrupt stoppage of these activities would lead to health chaos, the proliferation of diseases and serious environmental degradation to the community of the Municipality of Jundiaí", he states.
The MP requested the immediate suspension of the clause that allows the contract to be extended and the prohibition of new additions or exemptions with the same consortium for this service.
To investigate potential losses to public coffers, the prosecutor expressed support for carrying out a technical accounting and sanitary engineering examination. The specialized assessment must calculate whether there was an overpricing in tariffs, double charges or incorrect allocation of revenues obtained from the sale of recyclable materials.
The agency also asked that all future payments be conditioned on proof of money reserved by the city hall and the presentation of detailed reports with electronic weighing tickets on the landfill's scales. In relation to overtime, the MP wants to prohibit the automatic transfer of R$40,000 per month, requiring nominal proof from workers who performed the additional work.
Finally, the MP suggested that the city hall and companies keep all field records, routes and GPS tracking data from garbage trucks. The opinion requests that copies of the process be sent to the Court of Auditors of the State of São Paulo (TCE-SP) and sets a deadline of 15 days for the municipality to inform the progress of the final tender underway for the regular contracting of the service.
As of Friday (2), there had been no decision on the requests in the action.
What Jundiaí City Hall says
Jundiaí City Hall reported this Friday (2) that, to date, "it has not received any notification from the competent bodies. Any manifestations will be presented if, and in a timely manner, the legal procedures and deadlines are observed."
See more news from the region on g1 Sorocaba and Jundiaí
