52
Ulises Pernambucano Unit, given that it had been included in an earlier
report, dated May 15, 1996;
c)
Alice Ferreira-Gomes and Ulises Pernambucano Units must be
deactivated, and
d)
the lack of management at Casa de Reposo Guararapes is apparent. The
people that assume that role in practice have no decision-making authority
and the owner is rarely present.
The inspection revealed that Casa de Reposo Guararapes (Guararapes Rest Home) did
not satisfy the required operating conditions and recommended the intervention of
the Municipality of Sobral together with the Health and Social Services Bureau, a
change of administration, or the revocation of the license to provide services within
the Sistema Único de Salud (Single Health Care System). As regards to the death of
Mr. Damião Ximenes-Lopes, the inspection revealed that he received poor medical
attention and maltreatment.100
112(66)
On February 29, 2000, the Consejo Municipal de Salud (Municipal Health
Board), based on the findings of the report issued by the Administrative
Investigation Commission, decided, by means of Resolution/CMSS No. 001/2000, the
intervention of Casa de Reposo Guararapes (Guararapes Rest Home) by a health
care municipal division. On March 2, 2000, the Secretary of Health and Social
Services decided to appoint an intervening board to Casa de Reposo Guararapes for a
period of ninety days, which was extended for 30 days, for the purpose of effecting a
technical and administrative reorganization, and monitoring the resources allocated
to said hospital by the Sistema Único de Salud (Single Health Care System).101
112(67)
After a 120-day intervention, on July 10, 2000, the Health and Social
Services Bureau, by means of Administrative Resolution No. 113, ordered “to revoke
Casa de Reposo Guararapes accreditation as a psychiatric institution to provide
services to the [Sistema Único de Salud (Single Health Care System)] in the area of
psychiatric hospital care.”102
I)
Pensions
112(68)
Mr. Damião Ximenes-Lopes received from the Instituto Nacional de
Seguridad Social (National Institute of Social Security) a state disability pension.
Following his death and in accordance with Law No. 8212, Section 3, a general law
applicable nationwide which sets forth that “the purpose of social security is to
ensure its beneficiaries adequate provision for their support as a result of disability
[…] confinement, or death of persons in respect of whom they were dependants, ”
Albertina Viana-Lopes became eligible to receive death pension on account of being
100
Cf. joint audit of the Secretaría de Salud y Asistencia Social (Health and Social Services Bureau)
conducted at Casa de Reposo Guararapes (Guararapes Rest Home) on November 5, 1999 (record of
appendixes to the answer to the application, appendix I, volume I, pages 1625 to 1637).
101
Cf. Administrative Resolution No. 026 issued by the Secretary of Health and Social Services on
March 2, 2000, supra note 90; and official letter No. 232/2000/SSAS issued by the Secretary of Health
and Social Services to the Attorney General‘s Office representative in the criminal proceedings
concerning the death of Damião Ximenes-Lopes on March 3, 2000 (record of appendixes to the answer to
the application, appendix I, volume I, pages 1419 and 1420).
102
Cf. Administrative Resolution No. 113 issued by the Secretaría de Salud y Asistencia Social
(Health and Social Services Bureau) of the Municipality of Sobral on July 10, 2000, supra note 90.