David de Oliveira Gomes Filho, juiz da 2ª Vara de Direitos Difusos, Coletivos e Individuais Homogêneos de Campo Grande, suspendeu os concursos públicos para a seleção de candidatos para o ingresso nos cursos de formação de oficiais e praças da Polícia Militar e Corpo de Bombeiros Militar de Mato Grosso do Sul, cujas inscrições estão abertas.
A decisão foi aplicada ontem, segunda-feira (11), e a Fapems (Fundação de Apoio ao Ensino, à Pesquisa e à Cultura do Estado de Mato Grosso do Sul), a ré na questão, tem cinco dias para se manifestar. O governo estadual ainda não se manifestou sobre o caso, mas adiantou que trata o assunto ainda nesta terça-feira à tarde.
A suspensão do concurso ocorreu por meio de ação de improbidade administrativa movida em maio passado pelo promotor de Justiça Marcos Alex Vera de Oliveira.
Chefe da 30ª Promotoria de Justiça, Marcos Alex contestou a contratação da Fapems e o preço cobrado para coordenar o concurso.
Para “organizar, planejar e executar as fases dos concursos públicos em questão, mediante dispensa de licitação”, a Fapems informou que cobra R$ 3.777.000,00.
Ainda de acordo com a ação de improbidade, pelo mesmo serviço, a Fapec (Fundação de Apoio à Pesquisa ao Ensino e à Cultura), vinculada à Universidade Federal de MS, apresentou orçamento no valor de R$ 3.630.665,91.
Pela decisão do magistrado, ele suspendeu o contrato firmado pelo governo estadual com a Fapems e ainda suspendeu o concurso público.
É intenção do governo em selecionar ainda neste ano 47 vagas de oficial e 153 soldados para o Corpo de Bombeiros e 62 oficiais para a Polícia Militar e 388 soldados para a corporação.
A Fapems é pessoa jurídica de direito privado e sem fins lucrativos. No site da instituição é dito que ela “pode celebrar contratos com dispensa de licitação, tendo em vista o amparo no inciso XIII do Artigo 24 da Lei n° 8.666, de 21 de Junho de 1993, que assim expressa: Art. 24. É dispensável a licitação: XIII – na contratação de instituição brasileira incumbida regimental ou estatutariamente da pesquisa, do ensino ou do desenvolvimento institucional, ou de instituição dedicada à recuperação social do preso, desde que a contratada detenha inquestionável reputação ético-profissional e não tenha fins lucrativos.”
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