Will you do it now? The court has set a deadline for the release of Cascavel Hospital do Coração

Anyone who has been in Cascavel for a few years knows the eviction of the company in charge of the Hospital do Coração in the center of Cascavel.

To provide care in the public and private sectors, ‘Hospital Nossa Senhora da Salete’ is a benchmark in cardiac care that receives a large share of the demand for clinical cases in Cascavel and the Region.

Due to this public request, in addition to the general issue of health care, the departure of the hospital structure from the building located in Carlos de Carvalho Street, which belongs to the Peixoto family, has led to several legal proceedings.

The story of the occupation of the building began in December 2012, where “Cascavel Lord Hotel Ltda”. Nossa Senhora da Salete Hospital rented a commercial building.

The contract was initially signed for a four-year term, was renewed at the end of 2016 and was to last until 2020.

However, in April 2017, the family who owned the home demanded the establishment of a contractor, thus filing the first eviction action for non-payment.

Subsequently, other legal proceedings were instituted which did not proceed effectively with the release of the property.

Meanwhile, the family was subject to the court’s decision and did not have the time it would take for the litigation to take over the property and do what it wanted with the structure.

There was certainly public interest in the debate, as the region would lose dozens of SUS beds, which supported public health. With this, it was proved that the eviction processes were in favor of eviction, other interventions were taken, both by the Public Ministry and by political orders.

What was not understood until then was the fact that deadlines were not set, charged and not met, as the exit of the building was a way to migrate to another space, so as not to lose the beds, which had to be reinstalled. another structure.

In an attempt to resolve the issue, the family also sought a new tenant to continue their hospital care, and in December 2020 they signed a new lease agreement with Rede Metropolitana.

The aim would be to continue the service of SUS and SAS, also providing special support to the demand generated by Covid-19.

With the arrival of the new company, the new decisions imposed a suspension with the former contractor until 30/30/2020, giving him a special release period, which was due to take place on 31.01.202. A few days later, early emergency relief was provided with a transition plan between the old tenant and the new tenant, which was vacated within 90 days.

When things seemed to be settled, on December 28, 2021, the new lease that would take up space with the Metropolitan Network was canceled.

According to REDE’s statement, the defendant’s (former company) liabilities could amount to more than R $ 10 million in FGTS, social security and labor debts. Thus, the company decided to remove him from the lease because he did not want to enter the “embryo”.

Thus, if the Peixoto family does not see a complete solution to the dispute, the Cascavel Lord Hotel Ltda. through the company, it approved the action brought, ordering the eviction of the sublease of Hospital do Coração and Centro de Cardiologia Intervencionista Oeste Ltda.

In view of the above, I consider the action to be successful and the process closed, with the merits resolved, art. 487, Inc. CPC I, to carry out the following: a) The “Private Commercial Property Lease Agreement” resolved at the end of the lease term (mov. 1.5) and, consequently, decree eviction. Consequences of the reduction Hospital do Coração e Centro de Cardiologia Intervencionista Oeste Ltda. they are extended to the sub-lessor;

The decision also creates deadlines and fines to be met, now that the complete removal of the goods has been completed.

Now, there will be a four-month, fifteen-day period to evict the entire property, and the State Health Manager will have to stop referring SUS patients to the hospital for free, ending the new reception within three months.

Last month, the State Health Manager will have to take all SUS patients who were still hospitalized in Hospital do Coração to other hospitals.

With regard to private care and agreements, the hospital administration should stop receiving new patients at the end of the third month, also encouraging the transfer of patients to other centers in the fourth month.

At the end of the period, there will be a period of 15 days for the final eviction of the building, which will be used by the defendants to dispose of the hospital equipment and movable property.

Finally, Judge Lia Sara Tedesco decided, within the remaining period, to continue the payment of the monthly rent provided for in the contract in the amount of R $ 93,013.17.

This time, if the deadlines were not met, the judge imposed a fine of R $ 30 thousand for each act of non-compliance and / or for each day.

Leave a Comment