Brazilian Court Acquits Amazonas Officials in Hospital Contract CaseA federal court in Brazil's 1st Region has acquitted former Amazonas state officials of administrative misconduct charges related to a 2019 management contract for the Hospital Delphina Aziz and the UPA Campos Salles.
The decision also rejected a request from the Federal Public Ministry (MPF) which had alleged damages of R$32 million to public coffers.
Who Was Acquitted?The acquitted individuals include former Amazonas Vice-Governor Carlos Almeida Filho, and former Health Secretaries Rodrigo Tobias de Souza Lima, Simone Papaiz, and Marcellus Campelo. The ruling also absolved the Instituto Nacional de Desenvolvimento Social e Humano and its director, José Carlos Rizoli.
Reasoning Behind the RulingIn his decision, Federal Judge Ricardo Augusto Campolina de Sales stated that the existence of dolo (intent to cause harm) was not proven. This intent is required for conviction under the Administrative Improbity Law following recent legal changes.
The judge emphasized that management failures and possible irregularities are not, by themselves, sufficient for a conviction. He highlighted several key points:
The managers acted based on technical and legal opinions.There is no proof of resource diversion or illicit enrichment.Part of the funds were reallocated to meet health demands.The decisions occurred amid the Covid-19 crisis.The Original AllegationsThe MPF's action had questioned the contract signed in 2019 to administer the two health units. The agency pointed to problems such as a lack of oversight, advance payments, and failure to meet targets. Despite these allegations, the court found no evidence of bad faith or fraudulent intent on the part of the accused.
Outcome and Next StepsWith this ruling, the case has been closed, and no punishments will be imposed on the defendants. The freeze on their assets also remains denied. However, the sentence notes that the state may still attempt to recover possible losses through other legal avenues, provided they do not involve administrative misconduct charges.