TJDFT julga inconstitucional mais uma lei distrital

Em 15 de Janeiro de 2024 – Redação

O Tribunal de Justiça do Distrito Federal e Territórios (TJDFT) tornou inconstitucional a Lei Distrital  n.º 7.058/2022, de autoria do deputado distrital Jorge Vianna (PSD), que teve como requerente o Sindicato das Academias do Distrito Federal o qual arguiu as regras de distribuição de competência, violação e normatização de relação contratual entre prestadores de serviços, tratando-as como matérias de Direito Civil que tem como competência para legislar da União. No pedido o Sindicato alegou a inconstitucionalidade formal e a proibição de cobrança o que violava os princípios da livre iniciativa e da livre concorrência.

Vale lembrar que a Lei Orgânica do Distrito Federal (LODF) estabelece que não cabe ao Distrito Federal exercer a competência vedada pela Constituição Federal (art. 14). A pretexto de dispor sobre relação de consumo, a Lei Distrital nº 7.058/2022 invade a competência privativa da União para legislar sobre direito civil (CF, art. 22, I), pois, ao assegurar um suposto “direito” de livre ingresso do profissional no estabelecimento, sem custo adicional para as partes, interfere na relação contratual existente entre os estabelecimentos públicos ou privados que
prestam serviços “prevenção de doenças, promoção do bem-estar e proteção e recuperação da saúde e da qualidade de vida” e o profissional de saúde.

Dentre as alegações no pedido que ensejou a inconstitucionalidade o Sindicato alegou que “Os hospitais particulares, por serem pessoas jurídicas de direito privado que prestam serviços de natureza empresarial voltados à saúde, não estão, em regra, obrigados a franquear acesso de todo e qualquer médico não integrante de sua equipe de profissionais às suas dependências, para neles realizar procedimentos.

Na decisão final do TJDFT, julgou procedente o pedido para declarar a inconstitucionalidade, na íntegra, da Lei Distrital nº 7.058/2022 com efeito ‘ex tunc’ e eficácia ‘erga omnes’.

A casa legislativa do DF deveria ter mais atenção para não deixar as leis que vão de encontro com o que pode legislar o Distrito Federal para que realmente tenha eficácia.

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