Overview
- In a plenary decision led by rapporteur Bruno Dantas, the TCU documented overpricing of up to 1,000% in COP-30 operations, examining contracts for Zona Verde with Consórcio Pronto RG and Zona Azul with DMDL.
- Auditors found that the lack of price controls and the grant of exclusivity created a captive market, with uniform 50% bid discounts later offset by elevated on-site prices characterized as cross-subsidization.
- The requirement for fully paid‑in capital as a qualification criterion was deemed an undue barrier to competition, with the court noting that law allows less restrictive alternatives.
- No sanctions or precautionary measures were imposed because the contracts were near completion and the procuring entity OEI lies outside TCU jurisdiction, so the court will issue recommendations to prevent recurrence in future international arrangements.
- Secop said the judgment does not point to irregularities yet committed to adopt improvements, while OEI cited logistical challenges and UN security protocols, arguments the TCU’s audit unit called fragile.