The Federal Supreme Court (STF) has granted an injunction suspending a decision by the São Paulo State Court of Justice (TJSP), which had ordered the cessation of the effects of State Decree No. 68.597/2024. This decree authorizes the opening of a bidding process for the administrative concession of non-pedagogical services in state schools. The decision was issued on Tuesday (March 19) by Minister Luís Roberto Barroso, following a request by the São Paulo State Attorney General’s Office (PGE).
With this ruling, the continuation of the public-private partnership (PPP) contracts is ensured. These contracts include the construction of 33 new elementary and high school units and the provision of non-pedagogical services such as cleaning, security, maintenance, and school meals. The decision secures the project’s implementation and prevents delays in the timeline, which aims to create 34,580 new seats in the state education network by 2026.
The STF acknowledged that halting the contract’s execution would pose a serious risk to public order and the state’s educational policy, directly impacting the quality of the school environment and the availability of student spots. The court also emphasized that outsourcing non-pedagogical services to private providers complies with current legislation and is already a regular practice in public administration.
The ruling reinforces the legal compatibility of the model adopted by São Paulo’s government, through the Secretariat of Investment Partnerships (SPI), with Brazil’s legal framework—especially constitutional norms that uphold public management of education—and guarantees continued investment in the sector.
About the “New Schools” PPP
The “New Schools” PPP project includes the construction of 33 school units across the state, divided into two lots—East and West—with 16 and 17 schools, respectively. The initiative will benefit 29 municipalities, offering nearly 35,000 full-time spots in the state public school network for final years of elementary and high school. Total investments are projected at R$ 2.1 billion over the 25-year concession.
The private partner will be responsible for developing, under public administration guidance, educational centers with integrated environments, technology infrastructure, innovation spaces, individual study areas, and more. The goal is to optimize school management, increase efficiency, reduce costs, and improve spending quality—allowing school administrators and teachers to dedicate more time and resources to educational activities. The project’s auctions are scheduled for October 29 (West Lot) and November 4 (East Lot).