Prefeitura indenizará por rasura em atestado médico
A 1ª Câmara de Direito Público do Tribunal de Justiça de São Paulo determinou que a prefeitura de Osasco indenize uma mulher que foi demitida por apresentar um atestado médico adulterado após atendimento no hospital público. De acordo com a decisão, a responsabilidade civil da prefeitura está prevista no artigo 37, parágrafo 6º da Constituição Federal, que diz que as pessoas jurídicas de direito público e as de direito privado prestadoras de serviços públicos responderão pelos danos que seus agentes, nessa qualidade, causarem a terceiros.
De acordo com o processo, a mulher, que estava grávida, passou mal e foi atendida por uma médica que emitiu atestado rasurado. A empresa em que trabalhava desconfiou da procedência do documento e procurou o hospital, mas a médica não informou que ela mesma tinha alterado o atestado. Em razão do fato, a empresa demitiu a funcionária por justa causa, além de registrar boletim de ocorrência. Apenas em depoimento a médica reconheceu a responsabilidade pela adulteração.
O juiz da 1ª Vara da Fazenda Pública de Osasco, José Tadeu Picolo Zanoni, concedeu a indenização por dano moral no valor de R$ 20 mil. “O dano da autora foi bem considerável, sendo demitida, sem qualquer culpa, durante a gravidez e...
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