The Public Defender's Office questioned the City of São José do Rio Preto (SP) for sending elderly people to a long-term care institution located in Guarulhos.
The measure was taken by public defender Julio Cesar Tanone upon realizing that the city hall had signed an agreement through a bidding process with Villa Dom Bosco Assisted Living, located in the metropolitan region.
City Hall of São José do Rio Preto (SP) — Photo: Disclosure / City Hall of São José do Rio Preto (SP)
The question was motivated by individual actions of elderly people and people in situations of mental and social vulnerability. Among them, José Marcos Carvalho, 52 years old, who was housed at the institution in Guarulhos for seven months and died on September 24th of this year.
As reported by TV TEM, the measure was adopted by the city hall after the court condemned the public authorities for lacking the structure to house patients who need this type of care in individual actions.
"We have several individual actions dealing with this topic. In some of them, the municipality, as it did not have its own vacancies, started hiring vacancies in institutions in other cities, specifically in the city of Guarulhos, which does not make any sense due to the separation of these elderly people from their families", points out Tonone to TV TEM.
Rio-pretense José Marcos Carvalho, aged 52, died in Guarulhos (SP) — Photo: Personal archive
City Hall and State condemned
In addition to individual actions, the Public Defender's Office is filing a Public Civil Action due to the queue of 100 elderly people looking for a place in long-term care institutions.
In May of this year, the Court upheld an action and condemned the Municipality of São José do Rio Preto and the Government of São Paulo for serious omission in relation to the care of people over 60 years of age who require assistance in all daily activities or have cognitive impairment in the region of Rio Preto, made up of 102 municipalities. City Hall and State appealed.
The Public Civil Action had been filed by Tanone. As stated in the document, public defender Julio Cesar Tanone mentions that the Hospital-Lar Nossa Senhora das Graças na Providência de Deus is the only institution designed to serve people who need support in a long-term institution in the region.
As pointed out by the defender, the hospital has 112 beds and operates with 100% occupancy, generating long waiting lists of around 70 people currently.
"The first instance of the Judiciary has already decided in favor, determining not only the reception of these more than 70 elderly people who continue to await this adequate reception, but also the restructuring of municipal and regional public policy, because it also involves the State of São Paulo, to guarantee that these sick, bedridden, dependent and poor elderly people are able to receive dignified reception", explains the public defender.
Julio Tanone, public defender in São José do Rio Preto (SP) — Photo: Reproduction / TV TEM
In a note to TV TEM, the City of São José do Rio Preto informed that the Municipal Secretariat for Social Development structured the flow of care for elderly people with degree III of dependence, in compliance with court orders, with the actions provided for in the Municipal Social Assistance Plan. See the full below.
In turn, the Social Development Secretariat of the State of São Paulo clarified that legal actions involving the State are conducted by the State Attorney General's Office (PGE) and that, once the body has communicated about court orders, it will continue to comply with them.
Overcrowding
According to the Public Civil Action, some patients are currently temporarily hospitalized in emergency beds, as they cannot be sent to a long-term place in the region. In addition to the waiting list, Julio Tanone reaffirms that there were deaths recorded. According to the defender, there is currently a "pushing game" between the municipal and state governments. The State says that direct social assistance execution is up to the municipality, offering 50% financing. In turn, the city hall claims that assistance to level III patients with dependence requires health support.
What the city hall says
The Municipality of São José do Rio Preto informs that the Municipal Secretariat for Social Development has structured the flow of care for elderly people with level III dependence, in compliance with court orders, with the actions provided for in the Municipal Social Assistance Plan (PMAS) of 2027. Reception in Long-Term Institutions for the Elderly (ILPIs) is a service of the Social Assistance policy, provided by the Municipal Secretariat for Social Development in partnership with the network entities social assistance.
The health care of the people hosted is guaranteed by the Unified Health System (SUS), through the municipal network. Depending on each person's needs, the Municipal Health Department ensures medical consultations, nursing care, including at home, and the supply of standardized medicines and supplies, under the same conditions offered to all SUS users. The two Secretariats operate in an integrated manner. Each one is responsible for the actions in its area and pays for them with resources from the respective fund, as determined by legislation.
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