Doctors will have to guarantee 50% of the services.
Although he did not grant the injunction requested by the City Hall of Maceió regarding the doctors' strike, Judge Tutmés Airan ruled that the doctors must guarantee at least 50% of the services offered at the health unit, since offering only 30% of the services would harm the population; the judge's decision was based on a 2011 precedent from the Rio Grande do Sul Court.
Alagoas247 - The Court of Justice of Alagoas, through Judge Tutmés Airan, did not accept the request for an injunction filed by the City Hall of Maceió in relation to the strike of doctors working at PAM Salgadinho. With this, the strike is maintained. However, in the decision released this Thursday (13), Tutmés determined that the doctors guarantee at least 50% of the services offered at the health unit, since the offer of only 30% of the services - as determined by law - would cause harm to the population.
The Alagoas Doctors' Union (Sinmed), in turn, says it has not yet been notified of the decision, adding that a new assembly with the category will be held next week.
Tutmés Airan based his decision on 2011 jurisprudence, according to a ruling by Judge José Luiz Azambuja of the Court of Justice of Rio Grande do Sul. "Imposition of strict observance of the principles of the supremacy of the public interest and the continuity of essential services, ensuring the needs of the community, requiring the maintenance of all (100%) of urgent and emergency care for residents. Determination of a guarantee of a minimum percentage of fifty percent (50%) of doctors for other services, understood as those that are not characterized as urgent or emergent, to guarantee the continuity of public services," says an excerpt from the decision.
In the ruling, the judge also mandates the implementation of an electronic timekeeping system to confirm the presence of professionals during the strike, since, according to him, this – the doctors' non-attendance – was one of the points cited by the City Hall of Maceió to declare the strike illegal.
"I also consider it important to emphasize that the implementation of work hour control, cited by the Municipality as the reason for the doctors' strike, is a legitimate measure already adopted in various professional sectors of the country, and can be used by the Public Administration, since it is a regulation aimed at guaranteeing the regularity of services provided. For this reason, I determine that proof of maintaining the 50% percentage of doctors working at the PAM Salgadinho during the strike be provided through the electronic attendance records of the professionals," says another excerpt from the decision.
Meanwhile, the president of Sinmed, Wellington Galvão, stated that the union had not yet been notified of the court decision and only learned of it through the press, adding that it would only take any action after being officially notified.
"I learned about Tutmés Airan's decision by phone. We know that our strike is legal and that it is the city hall that has not been fulfilling its obligations. Next week, we will hold a new assembly to decide on new directions," said Galvão.
According to the organization's president, Sinmed already has a report issued by the Municipal Civil Defense that attests that the location does not have the minimum conditions to serve the population.
With gazetaweb.com