The extinction of the Fundação de Arte Moderna e Contemporânea – Coleção Berardo (FAMC – CB) “is illegal”, André Luís Gomes, administrator of the foundation and former lawyer for José Berardo, told the Observer, days after the government decided to do so through a decree-law approved electronically, in an extraordinary Council of Ministers, meeting this Tuesday. The official justifies this statement with a letter to which the Observer had access, dated May 26, in which the Minister of Culture, Pedro Adão e Silva, undertakes on behalf of the Portuguese State to “guarantee the regular functioning of the Fundação de Arte Moderno y Contemporáneo – Berardo Collection and Museum”, as long as “the detention is maintained under the current terms” and “during the remaining term of the loan contract”. However, the minister assumes this Thursday to the Observer that “the objective of the FAMC-CB” has been exhausted.
“Mr. The Minister of Culture did not revoke the protocol, he only revoked the loan”, guarantees André Luís Gomes. And the letter of Pedro Adão e Silva speaks strictly of denouncing the “loan contract relating to the works of the Berardo Collection”. “When the first protocol was signed, in 2006, the Berardo Collection Association committed itself, through a so-called contract in favor of a third party, that when the State constitutes the Berardo Collection Foundation and creates the conditions for the opening of the Museum Berardo, this foundation is given on loan to the Berardo Collection. And that’s what happened,” explains the administrator of the Fundação Coleção Berardo. In other words, “it’s as if I promised you that I’m going to give something to your daughter through a contract between the two of you, but when your daughter accepts, you can no longer revoke the contract, since she has become the beneficiary.” , change to the lawyer for children.
In a statement, the Council of Ministers reported this Tuesday that, with the extinction of the Berardo Collection Foundation, the Government handed over to the Belém Cultural Center Foundation full ownership and management of the CCB Exhibition Center, where it would continue to exhibit the Berardo Collection. . But in statements to the Observer, André Luís Gomes explains that this cannot happen. “What we forced was that when the State created the Foundation with the statutes that we had agreed upon and the Museum was ready to open, we would put the Collection there. From the moment we put the Collection there, it is the Foundation that has the loan contract, not the State ”, he emphasizes even more clearly. “Since the constitution of the Modern and Contemporary Art Foundation — Berardo Collection, the Loan Agreement has only two Parties: the owner of the Berardo Collection, the Berardo Collection Association as owner, and the Lessee, the FAMC — Berardo Collection, which uses the Berardo Collection to open the Berardo Museum under the terms of the Foundation’s statutes”. I want to say this, not to understand André Luís Gomes, that today’s loan is a contract between the Fundação de Arte Moderna e Contemporânea – Coleção Berardo and the Associação Coleção Berardo, and for this to be revoked and a qualified majority of the Council is required Administrative. What did not happen.
Government approves extinction of Fundação Coleção Berardo
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Source: Observadora
