Court revokes blockade of R$65.7 million after TO government presents payment plan to hospitals

The Tocantins Court canceled, this Friday (6), the blockade of R$65.7 million from the State's accounts, which had been determined the previous day for the payment of debts with hospitals and clinics accredited to Servir, the health plan for state public servants. The release was granted following a joint request from the government and the Public Defender's Office of the State of Tocantins (DPE-TO).

On Wednesday (4), health entities announced the suspension, for an indefinite period, of exams and elective surgeries. According to the companies, around 60 service providers had accumulated R$274 million in late payments for five months. The following day (5), the Court ordered the blocking of R$65.7 million from the State's accounts to pay the hospitals directly, at the request of the Public Defender's Office itself.

According to the decision, the release was granted after the Tocantins government presented a plan to pay R$68.8 million to service providers by November 13th.

The decision was signed by judge Valdemir Braga de Aquino Mendonça, from the 2nd Finance and Public Records Court of Palmas. The action was presented by the Specialized Health Defense Center (Nusa), of the Public Defender's Office.

The suspension of services had been announced by the Union of Hospitals and Health Services Establishments of the State of Tocantins (Sindesto). When contacted by g1, the union reported that it has not yet been notified of the decision and is awaiting official communication.

Services must be maintained

In another decision, the 1st Finance and Public Records Court of Palmas determined that services to Servir beneficiaries be maintained. According to judge Roniclay Alves de Morais, the union does not have the legitimacy to order the stoppage of services.

"In the same way, the legitimacy of the union to represent the collective interests of the category is not to be confused with the ownership of the contracts concluded individually between providers and the Public Administration, nor does it give it, in itself, powers to determine or impose the stoppage of services contracted by all accredited establishments", he stated.

Justification for unlocking

The state government presented data from the Finance (Sefaz) and Administration (Secad) departments to argue that blocking resources would compromise the payment of essential public administration expenses.

Among the expenses that could be affected were the civil servants' payroll, estimated at R$299.5 million; state pension, with R$212.8 million; and mandatory transfers to other Powers, of R$ 257.9 million. The government also cited external debts and court orders.

In view of the payment proposal presented by the government, the Public Defender's Office and the State Attorney General's Office (PGE) filed a joint petition to request the unblocking of the resources. When accepting the request, the judge highlighted that blocking public funds is an extreme measure and that the agreement between the bodies made maintaining the measure unnecessary.

Payment Agreement

Under the agreement, the government of Tocantins committed to paying R$8.8 million immediately to service providers, with proof of payment in the process by Monday (9). Another R$60 million must be paid by Friday (13th), with proof by November 16th.

The judge warned that the State's accounts could be blocked again immediately if the government fails to comply with the deadlines or values ​​established in the agreement.

The judge also stated that the stoppage of services violates the contracts signed with Servir. Therefore, establishments that refuse service may suffer a daily fine, administrative sanctions and even cancellation of accreditation in the plan.