Recommends To The Government That Promote The Reversal To The State Of The Heritage Igaphe Transferred To Dom Pedro Iv Foundation

Original Language Title: Recomenda ao Governo que promova a reversão para o Estado do património do IGAPHE transferido para a Fundação Dom Pedro IV

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PORTUGUESE COMMUNIST PARTY Parliamentary Group draft resolution No. 210/X Recommends to the Government that promotes the extinction of Fundação Dom Pedro IV, reverting to the status of all your assets, and the establishment of liability for illegal acts committed on its behalf 1-On 1 February 2005, the XVI constitutional Government in mere management functions , decided the Governing Board of the IGAPHE transmit free of charge to the Dom Pedro IV Foundation a valuable public heritage constituted by about 1400 fires located in dos Lóios and almond trees, in the parish of Marvila, in Lisbon.

After the appropriation of that heritage, the Dom Pedro IV Foundation, without having entered any improvement in the living conditions of neighborhoods, which is extremely precarious (as can be seen by the very serious accident in the elevator of one of the buildings in the neighborhood of the Lóios), imposed unilaterally a system of rents that resulted in unbearable burden increases for a large number of families.

In addition to the expression of the legitimate discontent of the people, the Dom Pedro IV Foundation has been install in a climate of blackmail, threats and intimidation.

2 – Arrived however the public knowledge that a report drawn up by the General Inspectorate of the Ministry of labour and solidarity, concluded on 21 June 2000, and that for reasons that matter to ascertain had no consequence, concluded by the existence of serious irregularities in the management of Fundação Dom Pedro IV and recommended even to extinction. Quoting the conclusions of that Report imports: 2 "Of everything that was exposed, it is unequivocally the management acts prejudicial to the interests of the Institution, translated first in systematic diversion purposes for which it was created.

Indeed, the record indicates that tricked the associates of its founder (SCAIL) and the Portuguese State, never having achieved none of the activities undertaken to develop and which justified its creation, nevertheless have the means (assets and liquidity), to do so.

Were not invested any money in the creation of organic units and/or in the promotion of activities aimed at validating the commitments made before the Guardianship and to abide by the will of the founding entity.

The Dom Pedro IV Foundation only develops activities in the area of childhood, such as SCAIL, with the aggravation of high tuition policy, that the children from the most vulnerable of the population extracts, whose admission should give priority, in terms of the law and of the provisions of cooperation agreements concluded with the SCML, which endorsed and is obliged to comply with.

On the other hand, the institution provided funding, logistical support, and administrative space for the creation and maintenance of legal persons governed by private law, which pursue objectives that have nothing to do with the institution, although at the beginning, they did believing otherwise.

These companies are managed by members of the Board of Directors, which in addition to being remunerated for roles in the institution, receive salaries by positions performed in those. The Foundation has been to hire the services of these companies, hiring this way indirectly with members of its bodies managers, in violation of the provisions of paragraph 4 of article 21 of Decree-Law No. 119/83, of 25 February, since it is not noticeable the manifest benefit arising from this contract, required by law for possible.

3 noted that the Foundation has been run by people who do not develop activities to achieve their ends, developing before other activities which have nothing to do with the same, which remove personal income.

The headquarters of the Foundation is transformed into the seat of a real estate holding company, led by Chairman of the Board of Directors, which develops its multiple activities in that field.

The Board of Directors is almost entirely discretionary, in particular by lack of other organs which could ensure balance internally gestionário.

The Advisory Council and Social Council do not have any interference in the life of the Institution, never met, and the latter doesn't even have jurisdiction, composition and operation regulated, contrary to the provisions of the statutes of the institution.

As for the Supervisory Board can exercise its powers effectively, given, in particular, its composition: integrates an element of guardianship, who is unaware of accounting, and an official reviewer of bills, paid services to the institution, and one of the companies based there, and is therefore doubly subordinate to the President of the Board of Directors, which does not offer guarantees of impartiality , and violates the provisions of paragraph 2 of article 15 of Decree-Law No. 119/83, of 25 February.

The modification of the associative form for foundational approach had the perverse effect of the situation described above, originated by the irreplaceability of the bodies, which are always managers appointed by the administrative authority.

We urgently need to put an end to this situation, which disgusts a democratic constitutional State, mostly by misrepresenting all the principles underlying social solidarity. "

4 Terms in that it proposes, in particular, to be applied for in court the removal of Bodies managers.

More States in the conclusions of the report, that "any solution that pass by the maintenance of the institution raises some trepidation", which proposes as an alternative to removal of bodies, managers or cumulatively: what his Excellency the Minister of Tutelage to determine the extinction of Dom Pedro IV Foundation and who determines that the assets of the Foundation are integrated in another institution or service to be determined by guardianship.

3 – Happens however that, despite the gravity of the facts described and the incisiveness of the measures proposed, the report had no consequence, having even been hidden under conditions which, in the interest of the democratic constitutional State would be essential to clarify.

But the worst thing happened. Despite all this, the Dom Pedro IV Foundation came to receive the State title absolutely free, all housing heritage of dos Lóios and almond trees, creating a serious situation described above.

In fact, the Foundation went on to apply unilaterally the income supported regime laid down in Decree-Law No. 166/93, of 7 may, the previously established situations, violating all the principles of legal certainty, confidence, equality and proportionality. The basic right to housing, the residents of the dos Lóios and almond trees, was clearly undermined by Dom Pedro IV Foundation with the complicity of the authorities that, after having given away a valuable public assets, making for ignoring all the ballast of illegalities committed by that institution, did nothing to prevent that befall the people a whole series of arbitrariness and violence.

Furthermore, also with regard to the institutions for children belonging to the Fundação Dom Pedro IV, recent events have come to practices of degradation of service to children, including 5 power, besides being the existence of a situation of terror and intimidation on the staff of these establishments to that silence the situation there.

In these terms, taking into account the institutional situation and the performance of Dom Pedro IV Foundation seem impossible in a democratic constitutional State, being an indeclinable duty of holders of political power to act for the legality and Justice are restored, the Parliamentary Group of the CFP introduced the following draft resolution: the Assembly of the Republic, bearing in mind the gravity of the acts committed on behalf of Dom Pedro IV Foundation , recommend to the Government that further resolves: 1-the extinction of Dom Pedro IV Foundation and the removal of their bodies managers, according to the recommendations of the report submitted on 21 June 2000 by the General Inspectorate of the Ministry of labour and solidarity.

2-reverting to the State of the heritage IGAPHE transferred to Dom Pedro IV Foundation to safeguard the legitimate rights of their residents.

3-the integration of other assets belonging to the Foundation in another institution or service, to be designated by the Government, which is in a position to ensure the provision of social welfare services.

4-carry out the necessary steps for the clearance of all the civil and criminal responsibilities related to illegal acts committed in the name of Dom Pedro IV Foundation and its cover-up.