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In order not to report cases of covid, Fundação Casa uses MP that has expired



Brasil de Fato – Although coronavirus contamination has been recognized as an occupational disease by the Supreme Federal Court (STF) and can be considered a work accident, employees of the Center for Adolescent Social Assistance (Fundação Casa) who were infected by covid were not able to carry out the Work Accident Communication (CAT).

The foundation is responsible for carrying out socio-educational measures involving deprivation of liberty (hospitalization) and semi-freedom for adolescents in the state of São Paulo.

The opening of the CAT allows workers affected by the pandemic to have access to social security benefits such as sickness benefits, depending on the clinical evolution of the condition, as well as the stability of 12 months.

The measure also allows recovered professionals who
eventually present sequelae receive the appropriate aid and do not
run the risk of being fired or not receiving INSS benefits.

According to the complaint made to the Brasil de Fato, the institution would be demanding that professionals present specific documentation that characterizes the existence of the disease caused by working conditions, for further analysis by an occupational physician and identification of casual connection.

To the extent that the Casa Foundation does not notify, it hides this data even preventing the fight against the virus (Leonor Jakobsen, labor lawyer)

In other words, the autarchy demands from employees who contracted the covid-19, evidence that the contagion occurred in the workplace.

Document obtained exclusively by the report shows the answer
administration of one of the units to a server trying to start
to the process.

The text, sent on January 7, 2021, cites article 29 of Provisional Measure 927/20 of
government of Jair Bolsonaro (without party). The measure, which changed
labor rules in the period of public calamity imposed by the advance of the coronavirus, lost its validity on July 19, 2020.

The article in question, which states that covid would be considered
occupational disease only upon proving the causal link, it was
revoked by the STF even before the MP expires.

According to the São Paulo Socioeducation Union (Sitsesp), the
answer based on MP 927/2020 is not isolated, that is, it was used
several times.

Email sent to server on January 7, 2021 citing MP of Jair Bolsonaro / Photo: Personal Archive

Leonor Jakobsen, labor lawyer specializing in Health in the
Labor, is emphatic in stating that the position of Fundação Casa has no
no legal protection. “This is totally contrary to the law,” he emphasizes.

Firstly, because the prerogative of analyzing the causal link is not the
employing institution, in this case Fundação Casa,
Federal Physician at the National Institute of Social Security (INSS),
as provided for in article 337 of the Social Security regulation,
approved by decree 3.048 / 99.

Second, because Article 22 of Law No. 8,213 / 91
establishes the obligation to report accidents at work to the
Social Security until the first business day following the occurrence and,
in case of death, immediately, under penalty of a fine.

Third, because the MP and the article mentioned as a reference do not actually exist in the legal world.

“Just going to work already makes him in a
special risk situation. And still performs the functions in a place where it is
social isolation is impossible ”, analyzes Jakobsen, referring to the
notorious capacity and movement of people in the Foundation’s units.

And yet, the Foundation demands from the worker an obligation that is not
his – to prove the occurrence of an accident at work or illness

“The burden of proof is on the employer, who must prove that the environment
provides risk and not of the employee, because it is the most fragile part of this
employment relationship ”, completes the lawyer.

Internal standard

Among the recommendations for opening CAT due to occupational disease
caused by the covid, the Casa Foundation claims that the need to
Proof of the causal link is provided for in Ordinance No. 337/2020.

“Article 167 – For the issuance of CAT due to occupational disease,
necessary that the interested server present specific documentation
characterizing the existence of the disease caused by conditions of
work, which will be submitted to the analysis of the Occupational Physician, for
that the causal link be established ”, determines the circulation text

Among the required documents is the medical certificate that caused the
absence from the server, necessarily accompanied by the result of
positive RT-PCR test; the server time card for the
14 days prior to the first day off
activities and multidisciplinary form filled in by the manager and team
psychosocial, nursing and occupational safety divisions

According to a text sent to the servers, “only after analyzing the
occupational physician and checked for a causal link between the disease and
activity, CAT will be issued for occupational disease, liable to be
determined by the INSS technical expertise. ”

Leonor Jakobsen endorses that, even when there is doubt whether the disease
or accident was caused due to special situations of the
companies are required to enter CAT, without exercising
no role during the process.

“The appreciation and conclusion of the chance link, the conclusion of
that it is a result of the work, is the exclusive responsibility of
Social Security ”, reinforces Jakobsen. “The internal ordinance is illegal,
brings with it the exclusive responsibility of a public agent ”.

Jakobsen adds that “notification is not just to guarantee the
employee rights, but it is also a fundamental factor for company actions
public health to control the pandemic ”.

“To the extent that Fundação Casa does not notify, it hides this data
including preventing the fight against the virus. It is harmful to public health.
Not only for workers, but for teenagers and

Affected workers

Paulo * is among the dozens of workers who failed to give
CAT entry. He is an educational support agent for the
Pirituba and presented the first symptoms of respiratory disease
during the Christmas shift.

After testing positive and staying away, he returned to work and
received a refusal from the management of the unit, even stating that
five adolescents were in quarantine during the period when the first
evidence of the covid appeared.

“The official said: I spoke to the director and the advice is not to issue the CAT. Headquarters Determination ”, says the server.

For him, the Foundation wants to camouflage employee information
affected by the pandemic, as well as data on virus circulation
inside the units.

“Information about what happens at Fundação Casa is not passed on to the
Ministry of Health. They are omitting, to think that everything is
cute, wonderful, but it’s all a lie. The Casa Foundation does not
recognizes that we have contact with teenagers, which is a place
unhealthy. They do not recognize and provide CAT. They claim that we can
to have caught the disease outside ”, says Paulo.

The worker believes that the agency’s intention is not to guarantee
stability of workers in view of the intention of the management of
privatize services.

Silvio *, another employee of the institution, also criticizes the requirement
casual link between contamination and the work environment, since the
poor condition of the units is known.

“They claim that the problem is the employee, who brings the disease and
spreads to the unit. There’s no way to prove it, but the possibility is
huge amount of contamination in there ”, he says.

Even if infected teenagers are in isolation, the server
points out that other asymptomatic young people can continue to transmit
viruses to employees.

“We are going to work, the teenager is there, we have to enter the
room and search, some standard procedures, and we are
exposed. It’s complicated. We ended up taking it too. Has no way. It is a
poor ventilation. And with that contact and risk is very

According to him, in addition to the negatives to employees who try to do the
CAT, there is no communication from Fundação Casa’s administrative
relatives of hospitalized employees.

“There is no guidance for the employee to perform this procedure and
guarantee your rights. It seems that they want to suppress the right and stifle the
possibility for the employee to carry out this procedure that guarantees the
it something in the future. Nobody knows if there will be any sequel to the covid, if
can trigger a stroke or other neurological problem, everyone gets
with fear, ”says Silvio.


The São Paulo Socioeducation Union (Sitsesp)
has closely followed professionals infected by covid
and made the requirements for opening CAT later sent
for the units.

“Fundação Casa gives an answer, following the ordinance, that the
employee has to prove that he got the covid there. When the Casa Foundation
pass this email on, it’s a way for them to redeem themselves from opening the CAT ”,
evaluates Antonia Souza, director of health at Sitsesp.

The procedure of sending a statement saying that
Work will evaluate, but with no effective return, it happens in all
units, she said.

“To date, no one has had an answer regarding the CATs that they will
open and do not open. We did not receive any accident reports about the
covid. Fundação Casa is negligent in relation to the sick servant ”,

As monitored by the union, more than 2,000 employees were
contaminated by covid since the beginning of the pandemic and 10 deaths were

“This attitude causes revolt because the servant who has no support, who
there is no support from the employer, he feels abandoned ”, explains
Souza, adding that more than one hundred CAT requests have already been made and
go unanswered.


From the 15th of January the visitation to the adolescents returned to
be authorized by Fundação Casa, another factor that concerns

Face-to-face meetings are allowed for family members and partners of the Religious Assistance Program (PAR).

Each young person will receive a biweekly visit with prior authorization from
adolescent reference team at the socio-educational center.

The visitor will have the temperature checked, must answer a
questionnaire about your current health status and fill out a statement
that it does not belong to the risk group for covid-19.

According to the Foundation, the use of a mask is mandatory during the entire period of the visit
an hour, with social isolation of 2 meters being observed.

The meeting will take place in an open place. Each socio-educational center
will schedule the visitation time, with each hour being allowed to
maximum of 15 family members.

Family members suspected of infection or diagnosed less than 14
days will not be able to carry out the visit. In case of suspicion or confirmation, the
General visitation at the center will also be suspended for 14 days.

Despite the guidelines, for Paulo, who was contaminated by the covid-19, the reopening is synonymous with concern.

“We do our best, but it is very difficult. When they go
fire, end up forgetting. The mother hugs, cries, the mask falls off. IT’S
difficult. You have to be in the middle of the two there … it’s almost impossible
comply with protocol. The teenager receives little visit and when he receives
little visit, the first thing, automatic, is to hug the person ”, reports the

According to him, even before the reopening, the report of
contaminated teenagers was already frequent – which now tends to get worse.
The official explains that adolescents do not communicate the symptoms of
not to enter the institution’s quarantine regime, “because
they are locked, they don’t even go out to sunbathe ”.

“Most are contaminated. They say: ‘uncle, I was in pain
head, without smelling, but I didn’t complain ‘. They get a contaminating
the other, there are eight in the same room. Everything stuffy. They do not
distancing is impossible ”.

National scenario

Bulletin released by the National Council of Justice
on December 23 records that 5,412 cases of contamination by
covid-19 were registered in the socio-educational system, with 4,229 among
servants and 1,183 among adolescents in deprivation of liberty.

About 42.7% of infections occurred in the Southeast. At the national level, 25 deaths were reported among workers. There were no deaths recorded among adolescents.

Other side

Through a note sent to the report, the Casa Foundation informed that,
Until this Tuesday (19), 396 young people in care had been diagnosed
positive for covid-19, with 333 already cured. “There was no
death record among adolescents. Regarding servers
Fundação Casa 1,288 assets had their diagnosis confirmed for the
Covid-19. Of these, eight cases evolved to death ”, says the text.

The Foundation states that it “guides the administrative areas of all
capacity to receive every request for Work Accident Report
(CAT) related to covid-19 and forward it for analysis by the
Medicine and Occupational Safety (GMST) and the Human Resources Division
(DRH) of the Institution ”.

“The documentation is analyzed based on Law 8,219 / 1991, which deals with the
CAT issue and situations in which proof of
causal link. All CATs are evaluated ”, says the note sent to the
Brasil de Fato. Although questioned by the report
on the reference to MP 927/20, the institution did not explain the reason for
quote the measure in the guidance sent to employees.

The Foundation also states that since the beginning of the pandemic, “the
Institution adopted several hygiene and health measures, following the
guidelines of the World Health Organization (WHO) and the Center for
Contingency of the State of São Paulo ”and says that“ it acquired and distributed
server protection masks, personal protective equipment
(PPE) and carries out a permanent internal communication campaign on
need to use the equipment ”.

“He also aligned with the Public Ministry of Labor (MPT) the
programs of the Occupational Health Medical Control Program (PCMSO) and
Prevention of Environmental Risks (PPRA) as preventive measures ”, concludes
the note.

* Fictitious names were used to protect the identity of the sources

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Argentina extends border closure with Brazil




Opera Mundi – Argentina decided on Sunday (28) to extend the deadline for closing air and land borders with Brazil until March 12, extending the previous decree that determined that they should reopen as of this Monday (1st) ).

Argentine health authorities considered it necessary to maintain the blockade at the borders and a 50% reduction in flights between the two countries.

The country is also closed to foreigners from other neighboring countries and the United Kingdom. Only Argentineans or residents can enter.

According to the Minister of Health, Carla Vizzotti, the measure is taken “in a preventive manner until knowledge about the new Brazilian variant of the virus deepens”.

Brazil has been experiencing the worst moment of the covid-19 pandemic in recent weeks. The moving average of deaths in the last seven days broke a new record and reached 1,180. With 50,840 new diagnoses registered in one day, the number of cases in the country is already over 10.5 million.

Vaccination in Argentina

While seeing its neighbor in the worst scenario of the pandemic, Argentina is advancing in vaccination against covid-19. There are already more than 903 thousand doses applied.

This week, the Argentine laboratory Richmond announced a partnership with the Russian Direct Investment Fund (RDIF) to start producing the Sputnik V vaccine nationwide.

On the night of last Friday (26), Argentina received 96 thousand doses of the Sinopharm vaccine against covid-19. According to the Minister of Health, these doses have already started to be distributed on Saturday.

* With Sputnik

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