São Paulo court suspends state school concession auction

The São Paulo state court suspended the administrative concession auction for 33 state schools, divided into two lots: West and East. In both, the notice provides for the construction and administrative management of school units, including maintenance and conservation services, with a concession period of 25 years, and estimated values ​​of R$2.1 billion.

The West Lot auction took place last Tuesday (29) and includes the construction of 17 school units distributed in municipalities in the western region of the State.

The lawsuit was filed by the Union of Official Education Teachers of the State of São Paulo (Apeoesp), which claims that the notice disregards the constitutional principle of democratic management of education, disrespecting the necessary integration between the administration of the school’s physical space and the pedagogical functions, resulting in an undue outsourcing of activities essential to the public education service.

“Education, when provided by the Public Power, qualifies as an essential public service that constitutes a duty of the State, as defined in articles 6, 24, item IX, and 205 of the Federal Constitution, which emphasize education as a social right and competence competitor between federative entities. In this way, it is up to the Public Power to guarantee access and quality to public education and provide the active participation of everyone involved in the school community”, noted the judge of the 3rd Public Finance Court, Luis Manuel Fonseca Pires.

In the injunction, Pires argues that democratic management transcends pedagogical activity in the classroom, as it involves the way in which school space is occupied and experienced, far beyond “management” in the budgetary sense, of construction and structural preservation of buildings.

“The democratic management of the school involves pedagogical direction, the direct participation of teachers, students, fathers and mothers and the local community, in the way spaces that go beyond the classroom are thought of and related to each other – corridors, courts, gardens , cafeterias, etc.”

The decision alleges that the use and destination of the entire school environment also concern what is idealized and practiced in the pedagogical program. According to the judge, the possibilities of deliberating in a collegial and participatory manner by all actors involved in education cannot be taken away from the school community by transferring it to a private company that would have a management monopoly for 25 years.

Pires says that what to do with school spaces for pre-school students is different from the needs of children in primary school and teenagers in secondary school.

The state government may still appeal the decision. In a statement, the government reported that it has not yet been notified of the decision. “As soon as this occurs, it will analyze the case and adopt the appropriate appeals measures”, says the note.

Auction

The winner of the Lot Oeste auction was Consórcio Novas Escolas Oeste SP, which offered a discount of 21.43% in relation to the auction reference value, which was R$15.8 million per month. Payments will begin when schools are ready. The company will be responsible for meals, internet, security, infrastructure and cleaning of schools.

The consortium’s leading company is Engeform Engenharia, one of the companies that make up Consolare, which manages seven cemeteries in the city of São Paulo: Consolação, Quarta Parada, Santana, Tremembé, Vila Formosa I and II and Vila Mariana. Under his command, the price charged for burials multiplied by five.

The East Lot has the bidding scheduled for November 4th and covers 16 units built in the cities of Aguaí, Arujá, Atibaia, Campinas, Carapicuíba, Diadema, Guarulhos, Itapetininga, Leme, Limeira, Peruíbe, Salto de Pirapora, São João Boa Vista, São José dos Campos, Sorocaba and Suzano.