Federal Justice determined that public bodies must guarantee the transfer of Mara Lúcia Moura, who is hospitalized at the Teresópolis Emergency Care Unit (UPA), located in the Serrana Region of Rio. The cost of this transfer will be covered by the public power, and the patient will be sent to a specialized unit, whether public or private.
According to her daughter, Carolina Moura, her mother has been in great distress for almost a month, without the medication treatments having taken effect. Mara Lúcia Moura has a Pancoast tumor, located in the superior thoracic sulcus, and has been facing days of intense pain despite the administration of medicine.
Carolina Moura expressed her dissatisfaction, reporting that her mother 'groans in pain, and the medications administered at the UPA have no effect. My mother is dying. I don't accept this! I want dignity for my mother, who has lived in the city her whole life.' The daughter sought support from the City Hall, the Municipal Chamber, and more recently, the Public Defender's Office.
The judicial order was issued at 3:31 PM on Friday (23) by federal judge César Manuel Granda Pereira, who set a 24-hour deadline for compliance, under penalty of a daily fine of R$ 1 thousand.
On Saturday (24), at 5:03 PM, Caroline reiterated her indignation, stating that there had still been no response regarding the transfer, even after the patient was taken to the red room of the UPA.
Worsening clinical condition
Carolina detailed the continuous worsening of her mother's health, mentioning that she is paralyzed from the chest down due to severe spinal cord compression. Furthermore, the patient developed a coccyx wound and presents kidney impairment caused by the overload of potent medications, resulting in little urination, requiring a catheter, and continues to groan in pain without improvement from the UPA's drugs.
The judicial decision was based on the medical report from the UPA, dated Friday (23), which confirmed the author's hospitalization at UPA 24h Nathan Garcia Leitão. The report described a voluminous pulmonary lesion compatible with a Pancoast tumor, accompanied by refractory pain, progressive paresthesia, and neurological impairment of the right upper limb, including evidence of paresis. The Justice reinforced that this situation demonstrates the continuous need for specialized hospital assistance and the urgency of the previously granted protection.
Non-compliance with previous decision
The magistrate also noted that a previous five-day deadline, granted to both the State of Rio de Janeiro and the municipality of Teresópolis, expired without any proof that the judicial determination had been met.
For the judge, this scenario reinforces the urgency and the need for specialized care. Justice determined that if there are no vacancies in the public network or affiliated with the Unified Health System (SUS), the transfer must occur to a private hospital, whose costs will be covered by the public power. This possibility was already included in a previous preliminary decision.
The chosen hospital must be appropriate for the patient's clinical condition. Both the municipality of Teresópolis and the Municipal Health Secretariat were notified to assist with the transfer, and they must update the patient's clinical data in the Regulation Center and provide adequate sanitary transport, according to medical evaluation. The Federal Union was also summoned to comment on the non-compliance with the decision and indicate the actions it can take to ensure specialized oncological treatment.
The decision required the notified entities to prove in the records, within the established deadline, the measures taken, informing the destination unit, the status of the request in the regulation system, and the expected date of the change, or proving that it has already been made.
Position of involved bodies
The Municipal Chamber of Teresópolis, through Dudu do Resgate, president of the Health and Social Assistance Commission, informed that the demand has been forwarded to the Municipal Health Secretariat for clarification and action. The Commission expressed concern about the patient's condition and awaits the transfer as soon as possible, ensuring adequate care.
In a note, the Municipal Chamber emphasized that the responsibility for regulating and transferring patients between hospital units belongs to the state regulatory network, following the applicable flow. The institution stated that it remains available to meet the demands of the people of Teresópolis.
Regarding the Public Defender's Office, it was reported that Carolina Moura approached the office in Rio de Janeiro on Friday (23). Since the patient was already being represented by a private lawyer who filed the action in Federal Court seeking the transfer, the Public Defender's Office will not take any action at this time.