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Chief Justice grants preliminary injunction to allow care by the Unified Health System (SUS) to patients from four municipalities of Santa Catarina State

05/01/2018

The Chief Justice of the Supreme Federal Court (STF), Justice Cármen Lúcia, granted a preliminary injunction requested by the Municipality of Quilombo (SC) and reestablished the effects of the municipal decree that determined the administrative requisition of goods, employees and services of São Bernardo Hospital (Beneficência Camiliana do Sul), transferring the management of the health unit to the municipality for a period of six months. In addition to the population of Quilombo, the hospital treats patients from the Unified Health System (SUS) in the cities of Irati, Santiago do Sul, and Formosa do Sul, which will be maintained with the decision.

The injunction was partially deferred in Suspension of Security (SS) 5216, in which the Municipality of Quilombo requested the suspension of the decision of city's Court, maintained by the Chief Justice of the Court of Santa Catarina State (TJ-SC), suspending the effects of the municipal decree. Following failed negotiations to renew agreements and administrative contracts with the municipalities involved, Beneficência Camiliana do Sul notified them of the lack of interest in continuing to render services through the SUS, informing them that it would interrupt emergency, urgent, on-call, surgeries and consultations funded by SUS on 31/12/2017.

According to the Chief Justice, there is a risk of disregarding the population of these municipalities, which cannot be subject to ill management of public interests.

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