Any Zé Mané can offer a deal worth billions in vaccines to the Ministry of Health of the government of Jair Bolsonaro, as was evident thanks to reports in this leaf and Covid’s CPI investigations. It might even be possible to trade trams, land on the moon or spooky remedies. If the businessman has a military friend, a pastor or a propagandist of pocketbookism, the conversation is even easier. A small American company that used to sell a few dozen sinks and faucets was trading an imaginary batch of hundreds of millions of doses of AstraZeneca.
Almost everyone already knows about these rolls.
As none of these deals were closed and, as so far, no proof of bribery or “commission” has emerged, it may seem difficult to frame the billionaire beer group or the lobby, who made a movie about the deal with the health colonels and were tapped on the back of Eduardo Pazuello. In one case, it can be said that there is no evidence that someone took money; in another, it may appear that those involved are just incapable idiots. That is, whoever is not a thief is an ass. It goes further, however.
There is a way to frame the whole class, it is necessary to carry out a scan of any emergency purchase by the ministry, since 2020, at least, and the CPI needs to submit an urgent reform proposal on the administrative structure of this or other ministries. Any pickax can be nominated for office with enough pen ink to spend billions.
Emergency purchases, especially during epidemics or other catastrophes, can be made without a bidding process. Law 14,124, of March 2020, even more loosely regulated, say, the procedures for purchasing vaccines. Still, even without bidding, in the case of Covid, dengue, flood or earthquake, contracts must respect principles, some of them precisely identical to the bidding processes. Among these principles, the most glaringly obvious are those of morality, isonomy, and equality.
What do “isonomy” and “equality” mean? That there can be no different treatment for anyone who wants to sell something to the government. That everyone will know of the official interest in buying something, that the acts of public administration are PUBLIC. That offers will be judged impartially, compared by objective and public criteria.
In addition to drowning such principles in a beer and shaking hands with the general or colonel, it became evident that the government is a mess, that procedures do not exist and that friends of the colonel, the pastor or the pocket-spirited militant can subvert them.
Furthermore, any sociology or law school primer will explain that professional bureaucracies follow impersonal procedures, routines, that they have systems for checking each decisive moment of processes, that such processes are registered, that the acts relating to each of these steps they must be approved by someone legally authorized to do so. Etc.
In the case of Coronévac or AstraZeneca’s chopinho, it was evident that crimes were committed against elementary principles of public administration and many other violations of norms that are described in the bidding laws to the Constitution, through the Penal Code and the impeachment law. Speaking of impeachment law, ministers of state are also subject to it: crimes “simply attempted” against “probity in administration” are punishable.
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