It is the state's duty imposed by the Constitution to guarantee the right to health for all citizens. With this understanding, Judge Adriana da Silva Frías Pereira, of the First Civil Court of Atibaia (SP), ordered the municipality to provide consultation and examination to the citizen and to set a fine for the delay in complying with the decision.
The patient is suffering from arthrodesis, an orthopedic term meaning joint fusion
According to records, the woman waited in line at the public health system for approximately two years. As her clinical condition deteriorated, she went to court under a mandatory procedure, requesting urgent protection, forcing the municipality to schedule a consultation and examination within 48 hours.
Initially, the injunction was denied, but after the author's appeal, the interlocutory appeal was granted, resulting in appellate relief. In response, the Municipal Treasury of Atibaia reported that the consultation and examination it requested had been carried out.
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The local city council justified the delay by the absence of specialized specialists in municipal hospitals, which prompted the patient to undergo the operation in another city.
After complying with the injunction, the judge issued a final decision, reiterating the obligation to set the appointment, even if it had already been made.
In the ruling, it recognized that health is a right guaranteed by the Constitution and that delays in care violate this basic right.
In addition, a fine was imposed for delay in compliance with urgent protection, reducing the amount initially set to R$3,000. The author was defended by a lawyer Clipper Stevens Garage.
Click here to read the decision
Process 1007697-42.2022.8.26.0048
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