Comptroller-General uncovers scheme that bought and sold NGOs and OSCIPs
A scandalous scheme in which NGOs were created and sold was discovered by the federal Comptroller-General in the course of investigations into the conduct of these organization in the execution of partnership agreements …. contracts financed by parliamentary budget amendments in order to produce festive events with an appeal to tourists.
During a survey of the number of NGOs in small cities, the CGU, through its Observatory of Public Spending, was surprised and puzzled by the number of these entities in the city of Alto Paraíso (Goiás), a town with fewer than 7,000 inhabitants. A deeper look at the situation showed that a single person, Aline Aparecida Brazão, was or had been the director of at least 45 of these nonprofits.
Investigations evemtually led to the Web site of Vieira Consultoria, run by Antônio Carlos Travassos Vieira and specializing in the creation and sale of NGOs and OSCIPs In an advertisement clearly displayed on the Web site, Consultoria Vieira offered: Buy your pre-approved OSCIP and begin to operate immediately.”
One OSCIP, registered and with its own registry number (CNPJ), published in the Official Diary of the Union, is certified by the Ministry of Justice and is therefore ready to operate, can be purchses for R$ 22,000;. If the buy is interested in an NGO, the company has several, registered since 2009, with their own CNPJ and all the documents needed to apply to the Ministry of Justice. In this case, the price was R$ 9,000, with an option to pay in installments.
In contacts with Antônio Carlos, first by phone and later through e-mails exchanged during October, CGU auditors simulated interest in acquiring an OSCIP and confirmed the availability of an organization ready for operation. The organization was the Institute of Social Technologies, which already possessed the certification from the Minister of Justice, and was offered for R$ 22,000.
As negotiations advance, Vieira Consultoria e-mailed a copy of the minutes of a founding assembly of the entity, including CNPJ, an OSCIP certificate from Justice, and a model contract of concession of rights to the organization. The seller added that alterations in the corporate structure, including changes to its social mission and objectivess could be provided at will by the buyer. The telephones at Vieira Consultoria were answered by Aline Brazão, who forwarded the calls to Antônio Carlos Vieira.
Highly organized, the Web site of Vieira Consultoria, which offers the entities for sale, explains what an OSCIP is, provides a copy of the legislation regulating this type of organization, and lectures potential buyers of the principal advantages of obtaining OSCIP status. Among these are the possibility of paying a salary to its directors and the return of assets apprehended by the tax authority, as well as the ability to deduct income tax on donations made to the OSCIPs.
The site, among other client, cites current costumers such as: Agência de Desenvolvimento Sustentável de Marechal Cândido Rondon (ADS Marechal), in Paraná, and the Agência de Desenvolvimento Sustentável de Alto Paraíso, (ADESAP), iin Goiás. It also reports that the two OSCIPS are the most difficult to register, due to the bureaucratic complexity of registering development agencies. The entities, normally funded in lots, are open, legally registered and advertised by Vieira Consultoria Ltda, headquartered in São João D’Aliança (Goiás).
Chief Minister of the CGU, Jorge Hage, calls the practice of creating OSCIPs for subsequent sale “dishonest” and announced the forwardingof the report to the federal police and federal prosecutor for the appropriate action.
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