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Case reveals details of illegal accumulation of positions in different municipalities, with incompatible schedules and direct impact on public coffers
The information was disclosed by g1, based on a judicial decision that drew attention due to the financial volume and the complexity of the case involving illegal accumulation of public positions in Rondônia. The episode reignites the debate on oversight in public service and the responsibility of public servants regarding compliance with legislation.
A civil engineer, whose name was not disclosed, was ordered by the Justice to return R$ 148,437.81 to the public coffers, an amount updated until May 2024. The decision was upheld by the 2nd Special Chamber of the Court of Justice of Rondônia (TJ-RO), reinforcing the understanding already established earlier by the 2nd Civil Court of Ariquemes (RO).
Accumulation of positions in three cities exposes serious irregularities in public administration
According to the proceedings, the engineer worked simultaneously in three municipalities: Cacaulândia (RO), Jaru (RO), and Ouro Preto do Oeste (RO), between the years of 2011 and 2014. This type of accumulation is prohibited by law when there is a conflict of schedules — which was proven in this case.
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Initially, in 2011, he held a permanent position in Cacaulândia, with a workload of 20 hours per week, while also serving in a commissioned role in Jaru, with a load of 40 hours per week. In other words, adding both positions, the professional would have to fulfill 60 hours per week, not considering travel time.
Furthermore, the Public Ministry of Rondônia (MP-RO) identified 152 situations in which the engineer would be working in both municipalities at the same time. This overlap of schedules raised strong indications of irregularity, reinforcing the thesis that fulfilling the functions was, in practice, impossible.
Distance between cities and schedules make situation unfeasible, points out Justice
Another determining factor for the conviction was the travel time between the municipalities. According to the MP-RO, the journey between the cities would take about 2 hours and 12 minutes, which would make it unfeasible to fulfill consecutive shifts.
For example, as pointed out in the judicial decision, it would be impossible for the engineer to finish a shift at 1:30 PM in one city and start another at 2:00 PM in a neighboring municipality. This inconsistency was essential to prove the irregularity.
Subsequently, in 2014, the situation continued. The professional maintained the position in Cacaulândia during the afternoon and took on another role in Ouro Preto do Oeste in the morning, maintaining the pattern of incompatible schedules.
Justice rejects defense and reinforces obligation to reimburse the treasury
Despite the defense claiming a lack of adequate opportunity to express itself in the proceedings, the rapporteur of the case, the judge Hiram Marques, stated that the evidence gathered is sufficient to prove the irregularity.
Moreover, the Justice highlighted an important point: there is no time limit to demand the return of misappropriated public funds. This means that, even after years, the State can demand reimbursement of amounts paid improperly.
Thus, the final decision upheld the conviction and reinforced the obligation to return the amount to the public coffers, consolidating the understanding that the illegal accumulation of positions to the detriment of the treasury will not be tolerated.
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