Now will you? Judge sets deadline for eviction of Hospital do Coração, in Cascavel

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

Providing care in the public and private sector, ‘Hospital Nossa Senhora da Salete’ is a reference in cardiac care, receiving a large part of the demand for clinical cases in Cascavel and Region.

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

The story about the occupation of the building began in December 2012, where the company “Cascavel Lord Hotel Ltda.” leased the commercial building where the Nossa Senhora da Salete Hospital was installed.

The contract was initially signed for a period of four years, which was renewed at the end of 2016 and should continue until 2020.

However, in April 2017, the family that owns the property claimed default on the part of the contractor, thus filing the first eviction action for non-payment.

Subsequently, other legal proceedings took place, which did not proceed effectively for the release of the property.

In the meantime, the family was at the mercy of the court decision and had no prospects of how long the lawsuits would take to be able to take over the property and do whatever they wanted with the structure.

Undeniably, there was public interest in the discussion, as the region would lose dozens of SUS beds, which supported public health. With this, as the eviction processes proved to be favorable for eviction, other interventions, whether by the Public Ministry, or by political order, were taken.

What was not understood, until then, was the reason for deadlines not being established, charged and fulfilled, so that the departure of the building occurred as a way of migrating to another space, thus, not losing the beds, which should be reinstalled in another structure.

Trying to somehow resolve the issue, the family also sought a new tenant to continue the hospital care, and in December 2020 they signed a new lease agreement with the company Rede Metropolitana.

The objective would be to continue the SUS and SAS service, also giving special support to the demand created by Covid-19.

With the arrival of the new company, new decisions established the termination of the contract with the former contractor for 11.30.2020, with a special period being granted for eviction, which should take place on 05.31.2021. Days later, an early emergency relief was granted with a plan for transition between the old tenant and the new tenant, with the vacancy within 90 days.

When things seemed to be resolved, on December 28, 2021, the new lease agreement with Rede Metropolitana, which would take over the space, was terminated.

According to REDE’s statement, the defendant’s (former company) liabilities in FGTS, social security and labor debts could exceed R$ 10 million. In this way, the company decided to withdraw from the lease, as it did not want to get involved in the “embrolio”.

Thus, not seeing the total solution of the matter, the court upheld the action brought by the Peixoto family, through the company Cascavel Lord Hotel Ltda., decreeing the eviction to the sublessee Hospital do Coração e Centro de Cardiologia Intervencionista Oeste Ltda.;

In view of the foregoing, I deem the action well founded and the process terminated, with resolution of the merits, pursuant to art. 487, Inc. I of the CPC, to: a) declare the “Private Commercial Property Lease Agreement” (mov. 1.5) resolved by the end of the lease term and, consequently, decree the eviction. The effects of the termination extend to the sublessee Hospital do Coração e Centro de Cardiologia Intervencionista Oeste Ltda.;

The decision also creates deadlines and fines to be met so that, now, the total removal of the property is fulfilled.

Now, there will be a period of four months and fifteen days for full eviction of the property, and the State Health Manager should stop the gradual referral of SUS patients to Hospital do Coração, ending the new admissions in three months.

In the last month will be the period that the State Health Manager should transfer all SUS patients, who were still hospitalized at Hospital do Coração, to other hospitals.

As for private care and through agreements, the hospital administration should stop receiving new patients at the end of the third month, also promoting the transfer of patients to other centers in the fourth month.

With the end of the period, there will be a period of 15 days for the final eviction of the building, a period that must be used for the removal of hospital equipment and movable property by the defendants.

Finally, Judge Lia Sara Tedesco determined, in the remaining period, the continuity of payment of the monthly lease provided for in the contract in the amount of R$ 93,013.17.

This time, if the deadlines are not met, the court determined a fine of R$ 30 thousand per act of non-compliance carried out and/or day.

About Jenni Smith

She's our PC girl, so anything is up to her. She is also responsible for the videos of Play Crazy Game, as well as giving a leg in the news.

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