Court freezes assets of Marcelo Miranda due to embezzlement in the Health sector.
In response to a criminal action by the Federal Public Prosecutor's Office, the Federal Court in Tocantins ordered the freezing of assets belonging to former governor Marcelo Miranda (PMDB), candidate for governor of the "Experience Makes the Change" coalition, and two other people, for their alleged involvement in the embezzlement of over R$ 23 million in health funds during his governorship. This information was released on Monday, the 15th, by the Federal Public Prosecutor's Office. Marcelo Miranda is accused of illegally contracting the Oscip Brasil to manage 12 public hospitals. The case was the subject of a Parliamentary Inquiry Commission in the Legislative Assembly in 2007 and received harsh criticism at the time from his then-opponent Marcelo Lélis (PV). And now?
Tocantins 247 - The Federal Court in Tocantins accepted the request of the Criminal Action filed by the Federal Public Prosecutor's Office and decreed the unavailability of assets in the name of former governor Marcelo Miranda (PMDB), candidate for governor for the coalition "Experience Makes the Change". The information was released this Monday, the 15th, by the MPF. In addition to candidate Marcelo Miranda, the assets of Marcelo's former Secretary of Health, Henrique Barsanulfo Furtado, and the former manager of Oscip Brasil, Eduardo Henrique Saraiva Farias, are also blocked.
Marcelo Miranda is accused by the Federal Public Prosecutor's Office of embezzling R$ 23 million from the Health sector, mostly from the National Health Fund. The embezzlement of public money occurred through the direct contracting, outside the cases foreseen by law, of the Oscip Brasil to manage state hospitals and through the diversion of public resources for personal or third-party gain, in the years 2003 and 2004, when Marcelo was governor of the state.
According to the Federal Public Prosecutor's Office (MPF), the irregular hiring was ordered by Marcelo Miranda to the then-State Secretary of Health, Henrique Barsanulfo. The entity received large transfers of public money, under the pretext of managing all state hospital units. Although without actually verifying the proper functioning of Oscip Brasil, Henrique declared that the organization had an operational structure, experience in process management, and a team of qualified consultants.
The choice of the entity was based on a presentation by its manager, Eduardo Saraiva, regarding the services that could be provided. To undertake the commitment of managing 14 public hospitals in 12 municipalities of the state, Eduardo established a rudimentary office in Palmas with only two people, with no representatives of the entity in the hospital units supposedly managed.
The ministerial action points to the illegality of the procedure used for the irregular hiring and misappropriation of funds, since non-profit organizations should act in the free promotion of health in a complementary manner, and not in substitution for the competencies of the Public Power. The partnership agreement was in fact a simple service provision contract, characterized by the monthly payment of a counterpart to the Oscip Brasil. The hiring should have been done through a bidding process, as well as the signing of the addendum to the partnership agreement, which expanded the scope of the previous contract, and the alleged agreements.
The fraudulently disguised adjustments to partnership agreements, addenda to partnership agreements, and conventions are nothing more than fraudulent ways to outsource the management of public health in the State of Tocantins, causing harm to public funds.
Marcelo was warned.
According to the Federal Public Prosecutor's Office, the then Secretary of Health, Petrônio Lola, strongly warned Marcelo Miranda about the irregularities involving the Oscip Brasil, and requested authorization to shut down the Oscip's operations in the state. Marcelo allegedly did not authorize it. "The termination of the fraudulent partnership only occurred in March 2004. Petrônio became an obstacle to the scheme, to the point that Eduardo maintained that he would no longer report to the State Health Secretariat, but only to the governor, also demonstrating the governor's unequivocal knowledge of what was happening, including the embezzlement," says the Federal Public Prosecutor's Office.
In testimony given to the Federal Court in connection with the administrative misconduct lawsuit already underway regarding the same case, Petrônio asserted that the private entity lacked any structure to manage the business and that there was an intention not to operate.
Health CPI
The irregularities involving the hiring of Oscip Brasil are well known. In 2007, the measure was the subject of a Parliamentary Commission of Inquiry (CPI). At the time a member of the CPI, Deputy Marcelo Lélis (PV) harshly criticized Marcelo Miranda and said on the floor of the Legislative Assembly that he had brought to the attention of the Federal Public Prosecutor's Office and the Federal Police extensive documentation attesting to the irregularities in the government of his now-ally. "What we are doing at this moment is giving an explanation to society, since the government, through its behavior in the CPI, has attested to the existence of very serious irregularities in the state health system," criticized Lélis.
Marcelo Miranda's representatives have not yet commented on the asset freeze.
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"Marcelo did not deny misappropriation of funds during his administration," says Iderval.