Dr. Osías O’Hara de Oliveira, a former advisor, is a defendant in a lawsuit for administrative irregularities, due to the backlog of jobs between 2009 and 2012, which resulted in damages worth R$384,000 to the treasury in Corumba, 425 kilometers from Campo Grande. The hearing in the case will take place on August 10, starting at 2 pm.
According to the procedure introduced by the MPMS (Ministry of State General for Mato Grosso do Sul), the doctor worked in the Ministry of Health, from 1 pm to 5 pm, and in the municipality of Corumba, providing services from 7 am. Until 11 am. On January 1, 2009, after his election, he took the position of city councillor.
Thus, according to Prosecutor Luciano Bordenone Conte, of the Fifth Prosecutor’s Office, he began to assemble three public posts. “Indeed, by grouping two public positions as a physician with another elective position, the defendant incurred the triple accumulation of public office, a conduct expressly prohibited by the Federal Constitution.”
In addition, the Prosecutor stated that there was also an inconsistency in the schedules between positions, where the working hours of the Chamber, such as regular sessions and committee meetings, coincided with the time he should be at Casa da Saúde da Mulher. These conditions were confirmed by a technical study.
“Therefore, the defendant caused damage to the treasuries of the municipality and unlawfully enriched himself by improperly realizing the subsidy in the amount of R$ 8,000 a month arising from the exercise of the political mandate of the council member, during the period from January 2009 to December 2012 , which amounted to a total loss of R$384,000.00, which is the amount that will be corrected financially,” Luciano noted.
After that, the doctor lodged an objection. He said he has always achieved his goals as a consultant and physician at the Ministry of Health, and ensured that in addition to this, he provided care to patients at Casa da Saúde da Mulher even outside office hours. He said that he adjusted his working hours with the approval of his superiors and was not a fictitious employee, because he worked and performed services.
“Given that the statutory backlog of jobs did no harm to the treasury—because the remuneration received by the defendant was for services actually rendered—and also the criteria of reasonableness and proportionality which should guide judicial decisions, is not responsible for reimbursing the public for services rendered.” , says the defense.
The case is being heard at the Fifth District Prosecutor’s Office of Corumba, under the auspices of Judge Luisa Vieira Sa de Figueiredo, who has set the hearing for August 10.
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