Judge Bruna Canella Becker, holder of the 2nd District Court of Orleans, sentenced a former mayor of the municipality, a former secretary of health and a medical public servant, who also served simultaneously in commissioned positions in the public administration, for crimes of misconduct administrative.
According to the complaint of the Public Ministry, the doctor worked at the same time as a server in a public hospital in the region and in commissioned positions, as a government coordinator and later secretary of the municipality’s Finance, between the months of November 2012 and January 2014. This practice is prohibited by law, either because of the nature of the positions or because of the incompatibility of schedules.
The former mayor also responded for the action as paymaster of the expense, for the signing of a contract for the provision of medical services with the municipality, in 2013, in violation of the Bidding Law that prohibits the hiring of professionals who occupy positions in public bodies contractor. On the other hand, the former health secretary signed, on behalf of the municipality of Orleans, an administrative contract for the non-enforceability of a bid with the first defendant, her spouse, in disregard of several regulations that prohibit nepotism at the municipal level.
The sentence highlights that the professional, concurrently with the exercise of state public office in the health area, was appointed and served in commissioned positions in clear affront to the Federal Constitution. The contract signed by the former health secretary and the defendant’s wife, on the other hand, goes against several laws, including the Organic Law of the municipality, which provides for the prohibition of the practice of nepotism.
As for the former municipal administrator, he has undeniable joint responsibility, since as the main manager, the delegation of competence to the municipal health secretary does not detract from his duty to control and inspect the acts performed by the subordinate. “It is imperative to recognize, in this way, the undeniable violation of the principles that govern the Public Administration by the defendants (…), so that the responsibility of those involved for the act of administrative improbity is due”.
The former mayor, the former secretary and the doctor were sentenced to pay a fine of five times the amount of their wages when they exercised their respective positions, plus interest and monetary correction. All still had their political rights suspended for a period of three years.