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MP-SP opens investigation to investigate irregularities in MobilizapSP

The Public Ministry of the State of São Paulo (MP-SP) opened today (18) a civil investigation to investigate the mayor of the capital of São Paulo, Ricardo Nunes, for the practice of administrative impropriety due to the creation of the application for individual passenger transport in the city from São Paulo, MobilizapSP.

Also investigated are the secretary of Mobility and Traffic of the Municipality of São Paulo, Ricardo Teixeira and 16 public agents of the municipality of São Paulo.

All are investigated for possible damage to the public purse and violation of constitutional principles of public administration, “with evidence of illegality in the participation of a single bidder in a bidding procedure, in the public competition modality”, says the text of the MP’s inquiry, signed by the prosecutor of Justice, Paulo Destro.

The 3C Consortium, the only one interested in participating in the bidding and winner of the competition auction to operate MobilizapSP, for 60 months, is also investigated. The consortium, which signed the contract with the city hall in 2022, is formed by the companies Consilux Consultoria e Construções Elétricas, CSX Inovação, and CLD Construtora, Laços Detetores e Eletrônica.

According to the MP, there is information of possible illegality in the hiring – for the creation and operation of the MobizapSP application – of the 3C Consortium, “formed by companies investigated for embezzlement of public funds in the transport sector and payment of bribes in transit management contracts” .

The consortium will be remunerated by charging 10.95% on the value of the trip made by the driver, without setting an average reference value for the price per kilometer driven and other monthly collections, “which could lead to the illegal allocation of transfers subsidy (public money) for the maintenance of the MobizapSP application, entering the municipality of São Paulo in an area reserved for the private sector and without any public interest”, says the MP’s inquiry.

The Public Prosecutor’s Office also states that the city of São Paulo did not use all the means of information at its disposal to publicize the opening of competition, “with the greatest possible and desirable amplitude, in view of the complexity of the contractual object”.

The MP also points out that MobilizapSP is the only platform managed by the public management for drivers and passengers who make private trips, “constituted in an application of the Municipality of São Paulo (public application) by private car”.

“There was no evidence on the part of the Municipality of São Paulo, the real need for intervention by the state entity, acting the Municipality as a businessman, in the sector of the economy and private initiative, without legal provision, or the demonstration of relevant public interest supported by the creation of the MobizapSP application, given the possible characterization of unfair competition and misuse of purpose”, says the text of the inquiry.

The city of São Paulo was approached and sent a response through the Municipal Department of Mobility and Traffic (SMT). “The SMT informs that it has already forwarded to the Public Prosecutor’s Office the responses requested from the notification made by the body. The SMT clarifies that it requested the MP that the analysis on mobizapSP be carried out jointly with the civil investigation of the CPI of Applications. So far, SMT has not been officially informed whether the request has been accepted”.

The 3C consortium was approached, but has not yet made a statement. The entire survey can be read here.

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