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STF (Federal Supreme Court) minister Ricardo Lewandowski prohibited the Union from requesting syringes and needles contracted by the State of São Paulo for vaccination against covid-19. The decision, which can still be analyzed by the full court, responded to a request from the São Paulo government, led by João Doria (PSDB).
“I concede to prevent, ad referendum of the Plenary of the Supreme Federal Court, to prevent the Union from requesting supplies contracted by the State of São Paulo, whose payments are already committed, destined to the execution of the state immunization plan, ”Lewandowski determined.
The federal government is struggling to buy syringes and needles and, on Monday, said it had asked for São Paulo shares. The state of São Paulo, then, called the Supreme Court to avoid taking supplies already purchased.
It is not clear if the state government has already sent the materials to the Union, but Lewandowski imposed a daily fine of R $ 100,000 if the supplies finally sent are not returned.
Federal negligence cannot penalize the state, says minister
The São Paulo government has declared that it already has all the necessary needles and syringes to start vaccination against covid-19.
In the decision, Lewandowski wrote that “negligence [negligência] of the Federal Government cannot sanction the diligence of the state administration, which tried to prepare promptly for the current health crisis ”.
The minister also referred to “terms of the historical jurisprudence of this Supreme Court” and cited other similar cases to justify the decision.
“It happens that, according to the historical jurisprudence of this Supreme Court, the administrative request cannot be turned against the good or service of another federative entity, so there is an undue interference in the autonomy of one over another. of ACO 3,393-MC-Ref / MT, suspended an act by which the Union requested fifty pulmonary ventilators acquired (by the State of Mato Grosso) from a private company ”, wrote Lewandowski.
The government complains about prices and denies the problem with syringes
Yesterday, in another decision on covid-19 supplies, Ricardo Lewandowski gave the federal government five days, specifically the Ministry of Health, to explain about the syringes, needles and other supplies necessary for vaccination against the new coronavirus.
The government opened a tender in December for the purchase of syringes and needles, but of the 331 million units that Saúde intends to buy, it only managed to bid for 7.9 million, less than 3%.
Despite this, the government does not admit that the auction was a failure. President Jair Bolsonaro (without a party) said that the manufacturers inflated the price of the materials and ordered to suspend the purchase until the values return to “normal.”
The president also said that the current stocks of states and municipalities are sufficient to start the immunization plan, since, in his words, “the amount of vaccines at first is not large.”
Yesterday, Minister Eduardo Pazuello also complained about the way in which the result of the tender was reported. “We have been here since December 29 calling ourselves losers. So the misinformation is terrible. Gentlemen, gentlemen, there is no shortage of syringes, ”said the minister.
