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The minister gave 48 hours for a company in Santa Catarina to deliver the equipment to the state government. Celso de Mello responded to a request made by Maranhão against the blocking of material by the Ministry of Health.
These ventilators will be used in 132 ICU beds prepared to receive infected with Covid-19. The state has already recorded at least 1,604 confirmed cases of coronavirus and 66 deaths.
According to the minister, the Supreme Court has a consolidated understanding that the federal government’s request for state public goods is inadmissible, except when a state of defense or state of siege is declared.
Due to the pandemic, Congress recognized the state of public calamity.
For the STF, the Maranhão government stated that it is well known that equipping ICUs with pulmonary ventilators is absolutely essential to reduce mortality from infection, and it can even be said that, without this team, treating the disease in median cases and low frequency. High gravity is completely insufficient.
Celso de Mello affirmed that the relationship between the instances of power – Union, states and municipalities – finds a necessary basis in the Constitution, which translates, in this context, the formal expression of the federal pact, the prescriptions of which cannot be violated.
“The Public Power, therefore, as well as the State of Maranhão is proceeding in this case, must provide citizens with access to health through adequate medical care, through hospital admissions in units fully equipped with human resources and material resources, providing and making feasible the carrying out of examinations and the supply of medicines, since they are all essential factors and constitute indispensable elements for the preservation of the dignity of the human person, “wrote the minister.
