Geraldo Fernandes da Silva v. FUNASA

Rcl 43384 RO 0102866-02.2020.1
September 11, 2020
Final judgment
Brazil, Brasília

Technicians and Professional users
Geraldo Fernandes da Silva, SINDSEF (Union of federal civil servants of the State of Rondônia)
FUNASA (National Health Foundation)
Raul Ribeiro Da Fonseca Filho, Elton José Assis, Vinícius De Assis, Felippe Roberto Pestana

, Organochlorine, DDT (Dichlorodiphenyltrichloroethane)
Request that the labor judge take up the plaintiff's claim. Request for compensation for moral and material damages for work in contact with the pesticide dichlorodiphenyltrichloroethane (DDT).
Federal Supreme Court of Brasília, Brazil

December 21, 2020
Partially Positive
The judges of the Federal Supreme Court agree to hear FUNASA's appeal, but reject it. The penalty is postponed, in the absence of unanimity of the judges.

In April 2009, SINDSEF (Union of Federal Civil Servants of the State of Rondônia), filed an appeal before the Federal Court (Judicial Section of the State of Rondônia) for civil servants contaminated by DDT between 1980 and 1990. The plaintiffs were hired by SUCAM, now FUNASA (National Health Foundation), to work in the fight against endemic diseases in the state of Rondônia and were contaminated due to a lack of training and protective equipment. They ask that FUNASA be condemned to pay compensation for material damages, including medical treatment and laboratory costs, moral damages and assistance costs that were borne by the applicants. However, FUNASA argues that the Regional Labor Court of the 14th Region is not competent to hear the case and requests the dismissal of its decision for unconstitutionality. The Federal Supreme Court agreed to hear the appeal and to reject its provisions. The penalty is postponed, as the unanimity of the court was not reached.