São Paulo City Hall Fined R$24.8 Million for Failing to Provide Legal Abortion Services
The São Paulo Court of Justice (TJ-SP) has upheld a R$24.85 million fine against the São Paulo City Hall for failing to comply with a judicial order. The order mandated the resumption of legal abortion services at the Vila Nova Cachoeirinha Hospital and Maternity or the rescheduling and referral of patients to other public health units. The 5th Public Law Chamber unanimously rejected the municipality's appeal on Wednesday, May 8th. This fine stems from a popular action initiated by federal deputy Luciene Cavalcante and state deputy Carlos Giannazi, both from PSOL, along with councilman Celso Giannazi. The court found that the City Hall neglected its duty for 497 consecutive days, from January 22, 2024, to June 2, 2025. The daily fine of R$50,000 will be directed to the State Fund for the Rights of Children and Adolescents (FEDCA) to support victims of sexual assault. The court's decision highlights that the municipality failed to ensure patient access to services in other facilities after halting procedures at Vila Nova Cachoeirinha. Reports from the Public Defender's Office and medical records indicated that women and girls subjected to sexual violence were denied care at municipal hospitals. The court noted that by citing a lack of staff or infrastructure, healthcare professionals also failed to refer patients, leading to further victimization. The ruling described the interruption of legal abortion services as "misogynistic violence" and a "setback for reproductive justice." The City Hall's defense, claiming services were merely relocated and the fine was excessive, was rejected. The court found sufficient evidence of denied services. The initial fine was imposed in October by Judge Simone Gomes Rodrigues Casoretti, who cited the City Hall's "omissive conduct" and "repeated institutional disobedience with clear disregard for fundamental rights."
This judicial decision underscores a critical tension between municipal governance and the enforcement of reproductive rights. The court's substantial fine and strong language suggest a systemic failure to uphold a judicial mandate, impacting vulnerable populations. The prolonged period of non-compliance, coupled with allegations of patient redirection failures, points to potential issues in administrative capacity, resource allocation, or even institutional resistance to providing these specific healthcare services. The fine's destination, the Fund for the Rights of Children and Adolescents, highlights the societal cost of such failures, particularly for victims of sexual violence. Future considerations for São Paulo's administration should include robust mechanisms for ensuring judicial compliance, transparent service provision protocols, and adequate resource planning to prevent similar legal and ethical breaches, particularly in sensitive public health areas.
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