Action was filed by MPTO – Photo – MPTO
The Public Ministry of Tocantins (MPTO) requests, in court, that the State of Tocantins and the Municipality of Palmas immediately comply with the court ruling that determines the restructuring of all physical and intellectual rehabilitation services offered by the State Rehabilitation Centers (CERs) and that a line of care be implemented for people with Autism Spectrum Disorder (ASD).
The request for execution of the sentence was proposed by prosecutor Araína Cesárea, working in the public health area of the capital, on Tuesday, 30. The document reports that in the State there are 623 patients awaiting consultation in intellectual rehabilitation/neurology, and in the municipality of Palmas alone there are 394.
The prosecutor points out that, to restructure the service offered in the CERs and implement the line of care for ASD, the State and the Municipality must cover all the necessary structure, such as materials, equipment, inputs, administrative human resources and a multidisciplinary team.
The enforcement action also recalls that in the decision handed down on June 20, 2023, several deadlines were established, which vary depending on the complexity. However, part of the deadlines was not met by the State of Tocantins. As a result, the CERs were not restructured, the line of care for ASD was no longer implemented, CER users were not included in the State Regulation System (Sisreg) and the patients’ first consultation was not carried out.
The Municipality of Palmas also did not comply with the court decision, as it failed to collaborate with the State to structure the health service and line of care for people with ASD. Furthermore, it failed to increase the number of professionals with professional training in specific methods of treating people with ASD and to promote training for professionals on new therapeutic approaches aimed at treating people with disabilities and ASD.
Based on this, prosecutor Araína Cesárea requests that a mandatory fine be applied due to disobedience of the determinations and non-compliance with the deadlines indicated in the judicial decision issued, in the amount of R$ 1,000.00 day/fine up to a limit of R$ 50 thousand. And that the judicial blocking of the amount determined be determined.
Finally, a public hearing be designated to discuss compliance with the court decision, with the summons of those involved, managers of departments related to the subject of the action and members of civil society, in order to seek solutions to the demand.
The public civil action that aimed to compel the State of Tocantins and the Municipality of Palmas to offer diagnosis and dignified treatment to patients with ASD, Down syndrome, cerebral palsy, as well as other syndromes, motor and neuropsychiatric disorders was proposed by the public prosecutor Araína Cesárea, together with the Public Defender’s Office of the State of Tocantins (DPE-TO), on March 27, 2023.
The action had a favorable court decision handed down on June 20, 2023, and was confirmed by the Court of Justice on June 21 of the same year.
What the SES says
The State Department of Health (SES-TO) informs that it has been working to regularize and expand the physical and intellectual rehabilitation care offered by Specialized Rehabilitation Services and Centers (SCERs), located in Araguaína, Colinas, Palmas and Porto Nacional.
SES-TO stated that on January 30, 2024, a meeting was held at the administrative headquarters of the Department, with representatives from the Municipal Secretariat of Palmas (SEMUS) and the technical team from the Superintendency of the Care Network for Persons with Disabilities (SRCPCD) to alignment of care for patients waiting for an intellectual rehabilitation consultation.
It is worth highlighting that at the time, it was agreed between the municipality, SES-TO and SEMUS, to actively search for 519 patients, who are currently waiting for an intellectual rehabilitation consultation so that they can be seen, from the first week of March, at the Specialized Rehabilitation Center (CER), in Palmas.
Gazeta do Cerrado also requested a note on the matter from the Municipal Health Department (Semus Palmas), but the body has not yet responded to our request.
Source – Ascom MPTO