STATE OF RIO GRANDE DO SUL
GOVERNOR’S OFFICE
TECHNICAL COOPERATION AGREEMENT
TECHNICAL COOPERATION AGREEMENT CELEBRATED BY AND BETWEEN THE GOVERNMENT OF THE STATE OF RIO GRANDE DO SUL, THE JUSTICE COURT OF THE STATE OF RIO GRANDE DO SUL, THE FEDERAL JUSTICE, THE FEDERAL PUBLIC PROSECUTOR’S OFFICE, THE PUBLIC DEFENDER’S OFFICE OF THE STATE OF RIO GRANDE DO SUL, THE FEDERAL PUBLIC DEFENDER’S OFFICE, THE OFFICE OF THE GENERAL ATTORNEY OF THE STATE OF RIO GRANDE DO SUL, THE BRAZILIAN BAR - STATE OF RIO GRANDE DO SUL SECTION OAB-RS, THE NATIONAL CONFEDERATION OF MUNICIPALITIES, THE REGIONAL PHARMACY COUNCIL, THE FEDERATION OF ASSOCIATIONS OF MUNICIPALITIES OF RIO GRANDE DO SUL, THE FEDERATION OF MEDICAL COOPERATIVE ASSOCIATIONS OF RIO GRANDE DO SUL AND THE NATIONAL UNION OF INSTITUTIONS OF HEALTH SELF-MANAGEMENT, IN ORDER TO FOSTER THE EMPLOYMENT OF CRITERIA AND THE CONVERSION FRAMEWORK FOR SYSTEMIC PLANNING AND MANAGEMENT (PGS) TO SELECT PRIORITY FOCUSES OF INTEGRATED AND SYSTEMIC WORK AND TO THE IMPLEMENTATION AND ADJUSTMENT TO LOCAL REALITIES OF NATIONAL AND INTERNATIONAL GUIDELINES, INCLUDING THOSE RELATED TO THE UNITED NATIONS CONFERENCE ON HOUSING AND SUSTAINABLE URBAN DEVELOPMENT III (HABITAT III).
PROCESS# 0010-15/003410-2
THE EXECUTIVE POWER OF THE STATE OF RIO GRANDE DO SUL, registered at the Ministry of Finances under the CNPJ# 87 934 675/0001-96¸ with main office in the capital at Praça Marechal Deodoro, s/n, herein represented by the Governor, JOSÉ IVO SARTORI, the JUDICIAL POWER OF THE STATE OF RIO GRANDE DO SUL, registered at the Ministry of Finances under the CNPJ# 89 522 064/0001-66, with main office in the capital at Praça Marechal Deodoro, # 55, zip Code 90010-908, herein represented by its Chairperson, Associate Judge LUIZ FELIPE SILVEIRA DIFINI, the FIRST DEGREE FEDERAL JUSTICE, JUDICIARY SECTION OF RIO GRANDE DO SUL, registered at the Ministry of Finances under the CNPJ# 05 442 380/0001-38¸ with main office in the capital at Rua Otávio Francisco Caruso da Rocha, # 600, Bairro Praia de Belas, herein represented by the Court Director, Dr. EDUARDO TONETTO PICARELLI, the PUBLIC PROSECUTOR'S OFFICE OF THE STATE OF RIO GRANDE DO SUL - MPE-RS, registered at the Ministry of Finances under the CNPJ# 93 802 833/0001-57, with main office in this capital at Avenida Aureliano de Figueiredo Pinto, # 80, ZIP Code 90050-190, telephone (55 51) 3295-1100, herein represented by the Justice General Prosecutor, Dr. MARCELO LEMOS DORNELLES, ID card 1010919916 and CPF 362 528 400-68, the FEDERAL PUBLIC PROSECUTOR’S OFFICE - through the GENERAL ATTORNEY’S OFFICE IN RIO GRANDE DO SUL, registered at the Ministry of Finances under the CNPJ# 26 989 715/028-22, with main office in this capital at Praça Rui Barbosa # 57, ZIP Code 90030-100, herein represented by the Chief-Attorney, Dr. PATRÍCIA MARIA NUNEZ WEBER, the PUBLIC ATTORNEY'S OFFICE OF THE STATE OF RIO GRANDE DO SUL - DPE-RS, registered at the Ministry of Finance under the CNPJ 74 704 636/0001-50, with main office in this capital, at Avenida Sete de Setembro # 666, Centro, ZIP Code 90010-190, telephone (51) 3210-9409, extension 2023, herein represented by the General Public Attorney Dr. MILTON LEONEL ARNECKE MARIA, the PUBLIC DEFENDER’S OFFICE IN RIO GRANDE DO SUL - DPU, registered at the Ministry of Finances under the CNPJ# 00 375 114/0001-16, with main office in this capital, at Rua Comendador Manoel Pereira # 24, Centro Histórico, ZIP Code 90030-010, telephone (55 51) 3216-6946, herein represented by the Chief Public Defender, DR. DANIEL MOURGUES COGOY, ID Card 5053064498 SJS/RS and CPF 809 470 000-97, the GENERAL PROSECUTOR'S OFFICE OF THE STATE OF RIO GRANDE DO SUL - PGE, with main office in this capital, at Avenida Borges de Medeiros # 1555 - 15th, 16th and 17th floors, ZIP Code: 90110-901, herein represented by the General Prosecutor Dr. EUZÉBIO FERNANDO RUSCHEL, the BRAZILIAN BAR - RIO GRANDE DO SUL STATE SECTION - OAB-RS, registered at the Ministry of Finances under the CNPJ 87 019 584/0001-25 with main office in this capital at Rua Washington Luiz, 1110, 13th floor, Centro Histórico, ZIP Code 90010-460, telephone (51) 3287-1800, herein represented by the Chairperson, RICARDO FERREIRA BREIER, the NATIONAL CONFEDERATION OF MUNICIPALITIES - CNM, registered at the Ministry of Finances under the CNPJ 00 703 1157/0001-83 with main office at SCRS 505, Bloco C, 3rd floor, Brasilia-DF, telephone (61) 2101-6000, herein represented by its Chairperson, PAULO ROBERTO ZIULKOSKI, ID card 2001772132/SSP-RS and CPF 150 980 100-63, the REGIONAL COUNCIL OF PHARMACY - CRF-RS, registered at the Ministry of Finances under the CNPJ # 93 026 771/0001-39, with main office in this capital at Rua São Nicolau, # 1070, ZIP Code 91030-230, telephone (51)3027-7500, herein represented by its Chairperson, Dr. MAURÍCIO SCHULER NIN, CRF-RS # 1-10395, the FEDERATION OF ASSOCIATIONS OF MUNICIPALITIES OF RIO GRANDE DO SUL - FAMURS, registered at the Ministry of Finances under the CNPJ 88 733 811/0001-42, with main office in this capital, at Rua Marcílo Dias, $ 574, Bairro Menino Deus, ZIP Code 91030-000, telephone (51) 3232-3330, herein represented by its Chairperson, LUIZ CARLOS FOLDOR, the FEDERATION OF MEDICAL COOPERATIVE ASSOCIATIONS OF RIO GRANDE DO SUL LTDA - UNIMED/RS, registered at the Ministry of Finances under the CNPJ 87 158 507/0001-56, with main office in this capital, at Rua Santa Terezinha # 340, ZIP Code 90040-180, herein represented by its Operations and Exchange Director, PAULO ROBERTO DE OLIVEIRA WEBSTER, and the NATIONAL UNION OF HEALTH SELF-MANAGEMENT INSTITUTIONS - STATE SUPERINTENDENCE OF RIO GRANDE DO SUL - UNIDAS-RS, registered at the Ministry of Finances under the CNPJ $ 69 275 337/0019-37, with main office in this capital, at Praça Oswaldo Cruz, # 15, 4th floor, room 405, Centro, ZIP Coe 90030-160, herein represented by its Superintendent Director, PAULO RICARDO MARTINEZ MALABARBA;
CONSIDERING the importance of the cooperation to implement national and international guidelines, adjusting these to local realities, notably in moments of crisis, in order to harmonize the needs and possibilities and considering the Sustainable Development Objectives (SFO - httpd://sustainabledevelopment.un.org/sdgsproposal.html) and of the United Nations Conference on Housing and Sustainable Urban Development III (Habitat III);
CONSIDERING the need for getting acquainted with local reality to reach effectiveness and sustainability to actions, activities, projects, decisions and public policies;
CONSIDERING the importance of fostering awareness not only about rights, but of obligations as well, to reach equity and Peace with and within the systems that are fields of work and/or intervention;
CONSIDERING the relevance of prioritizing the alignment of efforts based on convergence points, respecting divergences (but placing these in a secondary place) to develop in a harmonic and sustainable way the systems and subsystems interrelated in the Habitat;
CONSIDERING the need for optimizing resources (material and human resources) through effective actions on planning and management, notably in face of economic, social and environmental crises;
CONSIDERING the guidelines issued by Law 13105 of March 16, 2015 (New Civil Procedure Code) among which those set forth in Articles 138, 139 and 165;
CONSIDERING the following topics of the Urban Dialogues of the United Conference on Housing and Sustainable Urban Development III evidence guidelines of the Habitat III and try to foster convergence to elaborate the New Urban Agenda - 2016 (https://www.habitat3.org/the-new-urban-agenda/summaries):
1. Social Cohesion and Equity;
2. Urban Frameworks;
3. Space Development;
4. Urban Economy;
5. Ecology and Urban Environment;
6. Urban Housing and Basic Services.
CONSIDERING that people have right to have their physiological, psychological (notably security, belonging and self-esteem) and of self-fulfillment needs - which are inherent to human beings development - met in a harmonic and fair way;
CONSIDERING that sustainability of the intervention means is reached through the production of proportional impacts on the economic, social (mainly in the fields of health, education, citizenship and security) and environmental axes;
CONSIDERING that harmony and democracy are established through sound relationship, participation and proportion, both qualitative and quantitative, of public and private actors and the organized civil society, as well as of the community at large, in the cooperation networks;
CONSIDERING that to be Harmonic and Sustainable, the Development (HSD) recommends fostering and improving the Action of Systemic Planning and Management (PGS) that, based on the priority focus or focuses selected, emphasizing the family and community contexts, can map and integrate the needs, impacts and cooperation between the Habitat components;
CONSIDERING that the summary of the Criteria of Action of Systemic Planning and Management (PGS) sets forth as convergence point: know the reality and/or foster cooperation networks and that, in addition, it establishes the following criteria: 1 - Priority focus or focuses; 2 - meet; 3 - needs; 4 - proportional impacts on the three sustainability axes; 5 - integration of the three sectors and the community at large; 6 - map and integrate;
CONSIDERING the relevance of the Criteria of Action of Systemic Planning and Management (PGS) mainly for the mapping, evaluation, alignment and integration, in the institutional and inter-institutional scopes of actions, activities, projects and public policies, as well as to establish indicators capable of measuring the degree of Harmonic and Sustainable Development (HSD);
CONSIDERING that the Convergence Framework of the Systemic Action on Planning and Management (PGS) shows as convergence point: get acquainted with the reality and/or foster cooperation networks and, in addition, provides for the following steps: 1 - Select the environment/habitat; 2 - foster the inter-institutional work; 3 - foster the institutional work; 4 - through three approaches: 4.1 - awareness and/or need; 4.2 - means and 4.3 - incentives; 5 - two-fold: 5.1 - select the priority focus and 5.2 - map and integrate; 6 - always based on the priority focus and considering the PGS Action criteria;
CONSIDERING the relevance of the Convergence Framework of the Action of Systemic Planning and Management (PGS) to the development, replication, alignment and integration of actions, activities, projects and public policies capable of implementing national and international guidelines, mainly the SDO goals and those related to the Habitat III, adjusting these to the local reality;
CONSIDERING the importance of establishing priority focus or focuses to the integrated and systemic work, as well as the relevance of strategic planning, strategic management, activities performed by the comptroller offices and other control authorities to the institutional and inter-institutional convergence, mainly in times of crisis;
CONSIDERING the importance of adopting the Action of Systemic Planning and Management (PGS) to achieve effectiveness, equity, sustainability and Peace, both internal and external, perceived as awareness about the bionomic Rights-Obligations and expressed in the implementation of actions, activities, projects and public policies on Harmonic and Sustainable Development (HSD) and, therefore, capable of reducing and/or qualifying Judicialization.
DECIDE TO celebrate this Term of Cooperation in the following terms:
FIRST CLAUSE - OBJECT
This instrument is aimed to foster the use of Criteria and the Convergence Framework of Action of Systemic Planning and Management (PGS) to select priority focuses of integrated and systemic work, and to cooperate in the implementation and adjustment of national and international guidelines to the local reality, among which the goals of the Harmonic and Sustainable Development Objectives (SDO) and those related to the Habitat II, in order to generate Harmonic and Sustainable Development (HSD) and, this way, reduce and/or qualify Judicialization.
The Cooperation Agreement ensures, to the extent of the Parties’ interests, the expansion of its object by directing its focus to other priorities.
SECOND CLAUSE - WORK COMMITTEE
To effectively perform the Action of Systemic Planning and Management focused on the object of this Cooperation Agreement, it is hereby established the work group named Systemic Planning and Management Committee, composed by representatives of the signatory institutions and envisaging the participation of representatives of public and private sectors, the organized civil society and the community at large that come to adhere to the Cooperation Agreement and that will the be official members of the cooperation network.
THIRD CLAUSE - THE PARTIES’ TASKS
ALL PARTIES are tasked with the following duties:
a) Foster the use of the Criteria of Action of Systemic Planning and Management (PGS), promoting the mapping, evaluation, alignment and integration, as well as the development of indicators at institutional level and inter-institutional sphere, of actions, activities, projects and/or public policies that could contribute to fulfill national and international guidelines, among which the SDO goals and those related to the Habitat III, notably those developed through cooperation networks and/or that reduce and/or qualify the Judicialization;
b) Foster the use of the Criteria and the Convergence Framework of the Action of Systemic Planning and Management (PGS) promoting the selection of priority focus or focuses of integrated and systemic action, as well as the development, replication, alignment and integration, at the institutional level and inter-institutional sphere, of actions, activities, projects and/or public policies that contribute with the implementation and adjustment of national and international guidelines to local reality, among which the SDO goals and those related to the Habitat III, mainly through cooperation networks and/or in a way to reduce and/or qualify Judicialization;
c) Forster the establishment of Local Systemic Planning and Management Commitments and other forms of cooperation networks (like, for example, Social Management Committees and Joint Commissions) to develop the activities defined in letters ‘a’ and ‘b’ of the third clause of this Cooperation Agreement, adjusting these to the reality of each economic, social, environmental and geopolitical context in order to harmonize needs and possibilities:
d) Ensure that the activities developed in consequence of this Cooperation Agreement are made effective following the provisions of the Action of Systemic Planning and Management Booklets (available at: pgsistemicos.blogspot.com.br);
e) Foster the convergence of the provisions set forth in the strategic planning and those carried out by the other means of management, by the comptroller offices and other control authorities with the provisions of this Cooperation Agreement;
f) Provide support to the institutions signatory to this Cooperation Agreement and to the remainder institutions that come to ratify it in the future regarding operational and institutional issues related to the object of this Cooperation Agreement;