In the decision, the judge determined that “the defendant unions and their category immediately suspend the strike” and “to guarantee the integrality of the municipal health service of Christmas“. The decision confirmed that the strike, at this time, however, No is considered illegal or abusive.

The court imposed a fine of BRL5,000 per day to trade unions and their leaders and strikers in the event of non-compliance – with a ceiling limited to BRL100,000without prejudice to other civil, criminal and administrative liabilities.

It was also determined that the unions inform their affiliates through the available means of communication of the decision “in order to avoid any interruption in the provision of public services”.

The Natal Municipal Health Secretariat said it had “sent a circular note informing all its units of the decision to fire the professionals immediately”.

In the decision, the judge considered that the social right to health is an essential public service, subject “to the limitations provided for by the law on the general strike” and that the movement had decided in assembly that the movement would continue indefinitely.

Considering this, Judge João Rebouças explained that article 11 of law n.º 7.783/89 provides, in essential services, “the obligatory provision of services that cannot be postponed to the population, especially to that specific time, when there is information about the endemic growth of respiratory syndrome and arbovirosis”.

The judge therefore considered the “untimely” strike, because, according to the magistrate, “it puts the interests of the professional category in opposition to the immense community which needs the health system, especially when, there again, there is an endemic growth of respiratory diseases”.

The decision also mentions that the ruling places the people of Natal, “increasingly in need of public health services”, as “the most affected and directly affected”.

The judge, however, reinforced that he had not gone into the merits of the complaints and problems reported by the category, which “in my opinion there are many”, he said. But, although he does not ignore them – he said that the decision for the moment is given by the “protection of public health at the expense of the possible right to strike of the waiters”.

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