The São Paulo Court ordered the city of Embu das Artes and the Instituto Social Saúde Resgate à Vida (ISSRV) to compensate a resident of the municipality for a tubal ligation operation without consent.
The case happened during the birth of the victim's fifth child, in 2018, in a municipal hospital. After a process that has lasted since 2021 and an appeal by the accused, the 5th Chamber of Public Law of the Court of Justice of São Paulo upheld the decision of judge Diana Cristina Silva Spessotto, of the 2nd Court of Embu das Artes.
Compensation for moral damages was set at 60 minimum wages, equivalent to approximately R$85,000.00. The decision of the judging panel was unanimous regarding the conviction.
During her vote, judge Maria Laura Tavares, rapporteur of the appeal, pointed out that the hospital's conduct violated the Constitution and other federal laws, as the procedure was carried out without consent and without proof that the mother or baby was at risk of death. .
“The damages suffered by the author, of an intimate nature, go beyond mere everyday annoyance, with the author having suffered a violation of the principle of human dignity and free family planning, both present in article 226, § 7 of the Federal Constitution. […] The amount of compensation for moral damage must have repressive content so that the defendant refrains from similar conduct and of a retributive nature for the pain endured by the author”, concluded the judge.
According to Ordinance No. 48 of the Ministry of Health, of 1999, the sterilization of a woman during childbirth is not authorized if there is no risk to the woman, only under specific circumstances, which do not appear in this case. It is worth remembering that the tubal ligation procedure is practically irreversible.
A CNN contacted the city hall of Embu das Artes and the Instituto Social Saúde Resgate à Vida, but received no response until the publication of this report.
(*Under the supervision of Felipe Andrade)
Source: CNN Brasil
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