The São Paulo State Court of Justice (TJSP) granted, this Thursday (12/18), an injunction that prohibits the dismissal of employees of the Foundation for Popular Medicine (Furp), after the Legislative Assembly of São Paulo (Alesp) approved the extinction of the pharmacy. The court’s decision follows a request for a precautionary measure from PSol political leaders.
Furp, established in 1968, distributed free medicines to more than 500 municipalities in São Paulo through the Unified Health System (SUS). With the end of the foundation, the PSol-SP and the unions opposed to the measure argued that the closure of the pharmacy represents a risk for public health and for the workers of the institution.
The political party stressed that the criteria for subrogation (rearrangement) of established civil servant contracts were “excessively generic and subjective”. The PSol filed a lawsuit to assess the unconstitutionality of the bill, which was accepted by the courts.
“The effective extinction of Furp and the non-subrogation of a significant part of its employees will result in the dismissal of civil servants holding public contracts without respecting the minimum constitutional guarantees, causing damage that is difficult or impossible to repair,” said court rapporteur José Carlos Ferreira Alves.
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According to Alves, the majority of civil servants are fathers and mothers, who structure their professional and personal lives based on the expectation of stability guaranteed by public scrutiny. “The brutal dismissal, without a procedure guaranteeing contradiction, represents a serious violation of the dignity of the human person and of social protection of work, values enshrined in the Constitution.”
“In addition, the disorganization that could result from the departure of employees without adequate planning will compromise the continuity of essential public services related to the production of medicines, an activity that the law itself recognizes as fundamental by transferring it to the Ministry of Health through the Butantan Institute,” he added.
The decision temporarily suspends the law and guarantees the continuity of jobs for Furp employees until the final judgment on the merits of the Direct Action of Unconstitutionality (ADI).
After analysis, Furp’s functions must be integrated into the Butantan Institute. The bill was proposed by the Tarcísio de Freitas (Republican) government.
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