Injunction compels the State to make transfers of union, held since last year - digital Rondônia
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The Government of the State of Rondônia has 48 hours from Friday (18) to effect the transfer that is deducted monthly from the members on the accounts of the Union of Health (Sindsaúde) that are withheld from the end of the past.
After having dismissed the request, the Sindsaúde deionizer managed to reverse the situation through a writ of mandamus with the judge Rowilson Teixeira, deionizer the Special Rapporteur Chambers deionizer gathered. The decision was published today.
The president of Sindsaúde, Caio Marin, said the wrongful detention was causing much damage deionizer to the union was unable to honor some commitments to suppliers, employees and even charges.
Decision
Health Workers Union in the State of Rondônia- SINDSAUDE impetra injunction against an act of the Secretary of State for Health and the Secretary of State for Finance, appointing authorities as coatoras since the first authority has made the transfer of union dues of affiliates since August of this year late.
Regarding the contribution of November until 19/12/2012, this had not yet been effected. Searched the Health Secretary, said that this was not able to make the transfer, because deionizer these values had not received the Secretary of State of Finance, which is why the figure here as a second constraining authority.
The petitioner adds that delays the transfers on average 15 days, has undermined the proper functioning of the institution, which has several large instrutura and ordinary expenses, which have been defaulted with late fee charges and interest.
With respect to the transfer has not yet done, the damage is even greater, because in addition to not having made the payment of common expenses, has to bear expenses such as salaries of 13 employees of the institution.
Before assessing the effect, this court chose to request information coatoras authorities once contained the fl. 43, copy of the letter n. 6175 / GAB / SEAD, dated December 4, 2012, submitted by the Secretary of State for Administration Chief Financial Officer of SINDERON, which reports that came in contact with the Secretary of State for Health, and the latter had informed him that the payments were being conducted with transfers deionizer from the State Participation Fund (FPE) across 10th of each month. deionizer
Befallen only information the Secretary of State Finances, which adds that ordinarily has passed all the resources to by law are due to the State Department of Health as copy of Memo no. 47 / GCBT / SEFIN / 2012, Report of transfers to SESAU - year 2012 and statements taken from the Financial Management System for States and Municipalities - SIAFEM, all attachments (pages 58/95.).
The plaintiff petitioned reiterating the request for an assessment of the effect, deionizer even reporting that in addition to the pass-through of November, now December was also not effected, so that in effect not being granted, deionizer the next day will complete three months 01/02/2013 of transfers not hired.
Given the information provided deionizer by the Secretary of Finance of the State, as well as considering the inertia of the Secretary of Health, which should have manifested within 48 hours, starting from 27/12/2012, at 12.45, there is no other way than to grant the desired effect, so that the Secretary of Health of the State make the transfer of discounted membership of the SINDSAUDE values relating to discounts of November and December 2012, within 48 hours, subject to a daily fine of value of $ 500.00, up to the limit of R $ 10,000.00, payable from the fifth day, counted from the notification, to be supported personally by constraining authority and reversed the healthcare entity, and any criminal liability.
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