RIO – At the request of the Union, the federal judge Marcelo Pereira da Silva suspended the effects of the decision of the 15th Federal Court of Rio which summoned the Ministry of Health to replace the direction of the Federal Hospital of Bonsucesso for failure to address the covid-19 pandemic and determined its guidance on how federal health units in the state should proceed in relation to idle equipment.

In the decision of the last 30 days, Judge Carmen Silvia Lima de Arruda also summoned the Military Command of the East to present a report detailing the inputs needed to open field hospitals, with a detailed schedule.

In the Public Civil Action filed by the Public Defender’s Office and the Federal Public Ministry, the magistrate also summoned the directors of the Army, Navy and Air Force hospitals to clarify whether elective surgeries are being performed, how many beds are prepared to care for patients with the new coronavirus and what is your occupancy rate.

In the decision on the interlocutory appeal filed by the Federal Attorney General (AGU), the judge of the 8th Specialized Panel of the Federal Regional Court of the 2nd Region (TRF2) speaks of “judicial activism”, when mentioning the determination of a series of measures with the objective of subsidizing decision-making, “performing activities specific to administrative and non-jurisdictional functions”.

Pereira da Silva states that “under penalty of violation of the principle of the Separation of Powers, it is not up to the Magistrate, under the pretext of guaranteeing the observance of the right to health, to meddle in the main activity of the Public Administrator or the Legislator”. The Judiciary says that it is only necessary to ensure the equality and universality of access to public health policies.

The judge invokes the need to preserve the principle of separation of powers, emphasizing that “the constitutional right to health cannot be interpreted as a clause of broad and unrestricted seal of interference by the Judiciary, within the scope of the powers of the other Powers of the Republic “. The determinations of the first instance are suspended until the final judgment of the AGU’s appeal.

On April 22, the same judge had determined that all federal hospitals in Rio – Andaraí, Bonsucesso, Cardoso Fontes, Ipanema, Lagoa and Servidores – started to give up their free beds through the National Regulation System.

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