SP City Hall obtains injunction that prevents doctors’ strike

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A preliminary injunction signed by judge Guilherme Gonçalves Strenger, vice president of the São Paulo Court of Justice, prevents the stoppage of doctors from the São Paulo City Hall health network this Wednesday (19), as approved in an assembly of the Doctors’ Union of Sao Paulo (Simesp). The decision is this Tuesday (18).

Last week, primary health care (PHC) professionals decided to call for the strike and an act in front of the City Hall, in downtown São Paulo, on Wednesday afternoon. They demand more hiring at basic health units (UBS), minimum working conditions and discussion about strengthening the professional staff.

On Monday (17), Simesp leaders met with the Municipal Health Department (SMS), but there was no agreement to suspend the strike. Simesp’s president, Victor Dourado, said in a video after the meeting that “our demands regarding not only hiring, but also new health structures to deal with spontaneous demand were also not met” and that “nothing was presented. contingency plan or replacement of professionals on leave”.

The city government, in turn, said after the meeting that it exposed “the measures adopted by the secretariat to promote improvements in service to the population in health units and in the working conditions of professionals, including the payment of overtime”.

Without an agreement with the professionals, the City Hall went to court to ask for an injunction to determine “that the entirety of primary health care physicians in the Municipality of São Paulo do not interrupt their functions and provide them in their total normality, guaranteeing the continuity of the service”. essential public health, prohibiting any stoppage, even partial, of activities until the final judgment of this agreement”.

In the decision, the TJ vice-president attended the City Hall and stated that, although the Federal Supreme Court (STF) considers public health servers “holders of the right to strike”, “it happens, however, that among public services there are some that social cohesion requires are provided fully, in their entirety”.

“Therefore, the provision of essential public services, under the terms of article 10 of law 7.783/89, cannot be interrupted, under penalty of irreparable damage to the population that needs them, especially ‘in the face of a global PANDEMIA, with a progressive increase in contamination. due to the ômicron variant and the spread of flu syndromes by H3N2’”, said the judge.

“It is worth saying, despite the strike being a social right that finds a constitutional shelter, the scenario currently experienced is extremely exceptional, in which hospitals and beds are overloaded, with high occupancy rates and huge queues of patients waiting for care, due to the resurgence of the pandemic caused by Covid-19 and the outbreak of flu-like syndromes resulting from the influenza virus.”

For Strenger, “the strike of municipal doctors would appear to be abusive, insofar as the stoppage of public health services in the Municipality of São Paulo, at this point, even partially, could cause irreparable damage or difficult to repair to citizens, until even lead them to death due to lack of care”.

The judge also determined a conciliation hearing for January 27, at 2 pm, by teleconference, to reach an agreement between doctors and City Hall.

What does the mayor say?

In a note, the prefecture informed that the action was taken to “maintain health care for the population at a crucial moment in the face of the Covid-19 pandemic”.

The text also says that on Monday (17), after a meeting of the municipal secretary of Health, Edson Aparecido, with representatives of the category, “Mayor Ricardo Nunes authorized the payment of 100% of the bank of accumulated hours until December 31 of the year to be carried out this month, with the salaries of January. In addition, from now on, all overtime and overtime shifts will be paid within the payroll of the respective month, including for servers.”

The note goes on to say that Aparecido informed the meeting that “all partner organizations have already received authorization to hire 700 health professionals, including doctors, nurses, technicians and nursing assistants to meet the increased demand in Primary Care units”.

Among other measures, the city hall informs that, as part of the Hospital Contingency Plan, “1,110 beds were reserved exclusively for the treatment of patients with Covid-19”.

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Reference: CNN Brasil

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