The Public Ministry (MP) charged former Amares mayor José Barbosa, former councilor Sara Leite and four technicians from the municipality of Braga with malfeasance for alleged illegal direct adjustments in companies owned by six other defendants.
The MP’s accusation, to which Lusa’s agency had access, relates to the 2009/2013 mandate, which focuses on some two dozen direct adjustments to the acquisition of goods and services that violate public procurement rules carried out by the then socialist executive. led by José Barbosa, who unjustifiably favored eight companies for approximately 870 thousand euros.
The MP alleges that “in accordance with a plan drawn up in advance” by the two mayors and four senior technical specialists of the municipality at the time of the events, the six defendants “agreed to resort to public proceedings by express agreement to achieve an undue public benefit.” for society.”
The indictment states that the companies allegedly favored were run by the other six defendants, emphasizing that they all “belonged to the same economic group.”
The purpose of creating multiple companies, the MP argues, was to create the impression that direct adjustments were being attributed to different companies, when in fact they were the same economic group with fictitious competition.
Direct adjustments include the supply of furniture for the Amares Municipal Library, the provision of administrative modernization services or training.
The deputy claims that the 12 defendants “acted freely, voluntarily and consciously, combining efforts and the same goals, distributing tasks among themselves, according to a predetermined plan,” they agreed to benefit several companies “that were part of the same structure.” essence [económica]who were “wrongfully invited and awarded” direct contracts.
According to the indictment by the Regional Department of Investigation and Criminal Affairs of Porto (DIAP), “in an effort to obtain illegal property benefits for third parties,” two former mayors and four municipal technicians “acted within the scope of their functions and de facto authorities repeatedly and over a long period of time with clear and intense abuse of power.”
As for the six defendant company managers who entered into about 20 direct contracts under investigation with the municipality of Amares between July 2010 and October 2013, the deputy considers that they also violated their duties as businessmen in the context of public procurement.
“Having shown, with great intensity, repetition and longevity, disrespect for these rules [da contratação pública]“without particularly shying away from the use of several fictitious companies and competitors, as well as fragmentation of expenses, to divert supervision and inspections under the jurisdiction of government authorities,” the indictment emphasizes.
The deputy asks that the defendants also be required to return to the state 870 thousand euros concluded as part of approximately 20 direct settlements under consideration.
For former mayors and municipal technicians, the MP also seeks an additional penalty of a ban on performing functions, and for six managers, a penalty of a ban on activities is also sought.
Lusa tried to listen to former mayor José Barbosa and current mayor of Amares Manuel Moreira, but so far this has not been successful.