Matão não pode terceirizar serviços de saúde
Sentença proferida em ação do MPT também condena a OSCIP Gepron a não fornecer mão de obra para a terceirização de serviços municipais de saúde
A Justiça do Trabalho atendeu aos pedidos do Ministério Público do Trabalho e condenou o Município de Matão a não terceirizar serviços de saúde “de caráter essencial e permanente à população em unidades públicas”, inclusive unidades do Serviço de Atendimento Móvel de Emergência (SAMU) e do Programa de Saúde da Família, no prazo de 90 dias, sob pena de multa de R$ 50 mil por dia.
A empresa Gepron (Instituto de Gestão de Projetos da Noroeste Paulista), que fornece profissionais para o SAMU e para o PSF à prefeitura de Matão, também ré no processo, foi condenada a não fornecer mão de obra para a terceirização de atividades-fim de Municípios, relacionadas à prestação de serviços públicos de saúde, sob pena de R$ 50 mil por dia.
Além disso, os dois réus devem pagar indenização por dano moral coletivo no valor de R$ 300 mil, que será destinada a “projetos, iniciativas e/ou campanhas que revertam em benefício dos trabalhadores” da região abrangida pela Vara do Trabalho de Matão.
Na sentença, o juiz Renato da Fonseca Janon cita diversas decisões judiciais proferidas pelos Tribunais que condenam Municípios por terceirização ilícita de serviços essenciais, e também coleciona reportagens jornalísticas que mostram a relação duvidosa da Oscip Gepron com outros municípios paulistas.
“Esses são apenas alguns exemplos das inúmeras denúncias noticiadas pela imprensa paulista envolvendo a gestão da GEPRON na área de saúde e até na administração de “parque aquático” (!!!), o que demonstra que não se trata, sequer, de uma entidade especializada”, escreve o magistrado.
“É inegável que a Constituição Federal atribuiu aos Municípios a responsabilidade direta pela prestação dos serviços na área de saúde pública, inclusive com aplicação obrigatória de parte do seu orçamento. Logo, a conclusão óbvia desse silogismo é que o atendimento à saúde da população, inclusive na área de emergência (SAMU) e no Programa de Saúde da Família (PSF), insere-se na atividade-fim do ente público municipal, sendo, aliás, a sua principal atribuição”, conclui.
O MPT processou a prefeitura de Matão e a Gepron após um inquérito que demonstrou a ilegalidade da terceirização do SAMU e do PSF no município, sendo estas atividades-fim ligadas à área da saúde, essencial à população da cidade. A terceirização é vetada pela Constituição Federal.
Mas o caso vai além. Segundo o procurador Rafael de Araújo Gomes, a relação da Oscip com o Município é de mero fornecimento de mão de obra, já que toda a atividade é subordinada à prefeitura. “Há de ser acrescentado que a prova acostada demonstra que não se está, aqui, apenas diante de um caso de terceirização ilícita de atividade-fim, mas de terceirização fraudulenta, que oculta o mero fornecimento de mão de obra”.
O argumento do procurador é confirmado nos autos de outra ação civil pública ajuizada pelo MPT contra a Gepron em março de 2012, na qual está provado que o Gepron, apesar de ser o empregador direto dos funcionários do SAMU/PSF, não se responsabiliza pelo fornecimento de equipamentos de proteção individuais, delegando essa função à prefeitura de Matão.
“Um programa de ação ou termo de parceria não possuem o condão de revogar a lei trabalhista ou de transferir responsabilidades legais do empregador para terceiros, a não ser, claro, que a terceirização realizada seja fraudulenta, e constituída de forma a camuflar o vínculo trabalhista direto com a prefeitura”, argumenta Gomes.
Os réus podem recorrer da sentença no Tribunal Regional do Trabalho de Campinas.
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