Now will you do? Judge sets deadline for evacuating Hospital de Curaçao in Cascavel

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

Nusa Senhora da Salette Hospital provides care in both the public and private sectors and is a reference in cardiac care, receiving a significant portion of the demand for clinical cases in Cascavel and the region.

Because of this public demand, as well as the general issue of healthcare, the exit of the hospital structure from the building located on Rua Carlos de Carvalho, which belongs to the Peixoto family, has led to several legal actions.

The story of the occupation of the building began in December 2012 with the company “Cascavel Lord Hotel Ltda”. I rented the commercial building where Hospital Nossa Senhora da Salette was installed.

The contract was initially signed for four years, renewed at the end of 2016 and runs until 2020.

However, in April 2017, the property’s owning family claimed that the contractor had defaulted, thus filing the first eviction suit for non-payment.

Subsequently, other legal actions were taken, which did not effectively begin to release the property.

Meanwhile, the family was at the mercy of the court’s decision and had no prospects as to how long the lawsuits would take until they could seize the property and do whatever they wanted with the structure.

Undeniably, there was public interest in the discussion, as the area would lose dozens of SUS beds, which support public health. With this, as the evictions proved conducive to eviction, other interventions were taken, whether by the Public Prosecution Office, or by the political system.

What was hitherto not understood was the reason why the deadlines were not set, charged and met, so that the exit of the building occurred as a means of migration to another place, and thus not to lose the beds, which had to be re-installed in another structure.

In an attempt to somehow solve the problem, the family also sought a new tenant to continue caring for the hospital, and in December 2020 they signed a new lease agreement with Rede Metropolitana.

The goal will be the continuation of the SUS and SAS service, while also providing special support to the order created by Covid-19.

With the arrival of the new company, new decisions set the termination of the contract with the previous contractor on 11.30.2020, with the granting of a special period for eviction, which should take place on 05.31.2021. Days later, there was an early emergency relief grant with a plan to move between the old tenant and the new tenant, with eviction within 90 days.

When things seemed to have been resolved, on December 28, 2021, a new lease agreement with Rede Metropolitana, which would occupy the space, was terminated.

According to REDE’s statement, the obligations of the defendant (the former company) in the FGTS, social security and business debts can exceed R$10 million. In this way the company decided to withdraw from the lease because it did not want to engage in “embrolio”.

Thus, since the full resolution of the case was not seen, the court upheld the lawsuit brought by the Peixoto family, through Cascavel Lord Hotel Ltda. , which resulted in evacuation to Hospital do Coração e Centro de Cardiologia Intervencionista Oeste Ltda.;

In light of the foregoing, I consider that the procedure is well-founded and that the process has been terminated, with the merits resolved, in accordance with Art. 487, Inc. I am from CPC, to: a) announce the “Private Commercial Property Lease Agreement” (mov. 1.5) that has been resolved by the end of the lease term, and thus, eviction order. The effects of the termination extend to the Hospital do Coração e Centro de Cardiologia Intervencionista Oeste Ltda.

The decision also creates deadlines and fines that must be met so that the property can now be completely removed.

Now, there will be a four-month and fifteen-day period for complete evacuation of the property, and the state health director must stop the gradual referral of SUS patients to Hospital do Coração, and finish new admissions within three months.

Last month will be the period in which the state health director must transfer all SUS patients, who were still hospitalized at Hospital do Coração, to other hospitals.

As for special care and through agreements, the hospital administration should stop receiving new patients at the end of the third month, as well as promote the transfer of patients to other centers in the fourth month.

At the end of the period, there will be a 15-day period for final evacuation of the building, a period that must be used to remove hospital equipment and property moved by the accused.

Finally, Judge Lea Sara Tedesco decided, in the remaining period, to continue the monthly rent payment stipulated in the contract in the amount of R$93,013.17.

This time, if the deadlines are not met, the court has set a fine of R$30,000 for each act of non-compliance carried out and/or day.