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.

501 comentários sobre “TJDFT julga inconstitucional mais uma lei distrital”

  1. Its like you read my mind You appear to know a lot about this like you wrote the book in it or something I think that you could do with some pics to drive the message home a little bit but instead of that this is fantastic blog An excellent read I will certainly be back

  5. Its like you read my mind You appear to know so much about this like you wrote the book in it or something I think that you can do with a few pics to drive the message home a little bit but other than that this is fantastic blog A great read Ill certainly be back

  12. The next time I read a blog, I hope that it won’t disappoint me as much as this one. After all, I know it was my choice to read, but I really thought you would have something helpful to say. All I hear is a bunch of moaning about something that you could possibly fix if you weren’t too busy looking for attention.

  17. You are so awesome! I don’t believe I have read something like that before. So nice to find someone with some original thoughts on this subject. Seriously.. thanks for starting this up. This site is one thing that’s needed on the internet, someone with a little originality.

  18. An impressive share! I have just forwarded this onto a friend who was conducting a little research on this. And he in fact bought me breakfast simply because I found it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending some time to discuss this topic here on your website.

  21. Can I simply say what a relief to discover an individual who genuinely knows what they’re talking about on the internet. You actually know how to bring a problem to light and make it important. More and more people need to read this and understand this side of the story. I was surprised you’re not more popular because you most certainly have the gift.

  28. I absolutely love your blog.. Great colors & theme. Did you develop this amazing site yourself? Please reply back as I’m planning to create my very own blog and would like to learn where you got this from or just what the theme is called. Thanks.

  29. You’re so awesome! I do not suppose I have read through a single thing like that before. So great to find another person with a few genuine thoughts on this topic. Seriously.. thank you for starting this up. This website is something that is required on the internet, someone with some originality.

  32. You’re so awesome! I don’t suppose I’ve read through anything like this before. So great to discover somebody with genuine thoughts on this issue. Seriously.. thanks for starting this up. This site is something that is required on the web, someone with a little originality.

  38. I’m impressed, I have to admit. Seldom do I encounter a blog that’s equally educative and entertaining, and let me tell you, you’ve hit the nail on the head. The issue is something too few men and women are speaking intelligently about. Now i’m very happy I stumbled across this during my search for something concerning this.

  40. Adding Sugar Defender to my everyday routine was among the best
    choices I have actually created my health and wellness.
    I take care concerning what I eat, yet this supplement includes
    an extra layer of support. I feel a lot more steady throughout the day, and my cravings have actually lowered significantly.
    It’s nice to have something so straightforward that makes such a large difference!

  43. Right here is the right blog for anybody who wishes to find out about this topic. You realize a whole lot its almost hard to argue with you (not that I personally would want to…HaHa). You certainly put a new spin on a topic that has been discussed for decades. Wonderful stuff, just great.

  48. You are so awesome! I do not think I’ve read through something like this before. So good to discover another person with unique thoughts on this topic. Really.. thanks for starting this up. This website is one thing that is required on the internet, someone with a bit of originality.

  50. Right here is the perfect website for anybody who wishes to understand this topic. You know a whole lot its almost tough to argue with you (not that I really would want to…HaHa). You definitely put a new spin on a topic which has been written about for decades. Excellent stuff, just excellent.

  61. After looking over a few of the articles on your web page, I seriously like your technique of blogging. I saved as a favorite it to my bookmark site list and will be checking back in the near future. Please visit my web site too and let me know what you think.

  73. Hello there! This blog post couldn’t be written much better! Going through this post reminds me of my previous roommate! He constantly kept talking about this. I am going to forward this article to him. Fairly certain he will have a very good read. Many thanks for sharing!

  83. After going over a handful of the blog posts on your blog, I seriously appreciate your technique of writing a blog. I added it to my bookmark webpage list and will be checking back soon. Please visit my website too and let me know your opinion.

  109. The next time I read a blog, Hopefully it does not fail me just as much as this one. I mean, I know it was my choice to read through, however I really thought you would have something interesting to talk about. All I hear is a bunch of complaining about something that you could possibly fix if you were not too busy seeking attention.

  113. Hello there! This article could not be written any better! Reading through this article reminds me of my previous roommate! He continually kept talking about this. I’ll send this post to him. Pretty sure he will have a good read. Many thanks for sharing!

  151. This is the right blog for everyone who hopes to understand this topic. You realize a whole lot its almost hard to argue with you (not that I really will need to…HaHa). You certainly put a brand new spin on a subject that has been written about for decades. Great stuff, just wonderful.

  171. An outstanding share! I’ve just forwarded this onto a friend who has been conducting a little homework on this. And he actually bought me lunch due to the fact that I stumbled upon it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to talk about this subject here on your web site.

  293. Hi there! This post couldn’t be written any better! Going through this article reminds me of my previous roommate! He always kept preaching about this. I’ll forward this information to him. Fairly certain he will have a very good read. I appreciate you for sharing!

  306. Hi there! This blog post could not be written much better! Going through this article reminds me of my previous roommate! He constantly kept talking about this. I will send this information to him. Fairly certain he’ll have a good read. Many thanks for sharing!

  307. After I originally commented I seem to have clicked on the -Notify me when new comments are added- checkbox and now each time a comment is added I recieve 4 emails with the same comment. Is there an easy method you can remove me from that service? Thanks.

  310. Hello there! This post couldn’t be written much better! Looking at this article reminds me of my previous roommate! He constantly kept talking about this. I am going to forward this post to him. Pretty sure he’s going to have a very good read. Thanks for sharing!

  318. After looking over a few of the articles on your web page, I really like your way of writing a blog. I bookmarked it to my bookmark webpage list and will be checking back in the near future. Take a look at my web site too and tell me your opinion.

  320. Hi there! This blog post couldn’t be written much better! Reading through this post reminds me of my previous roommate! He constantly kept preaching about this. I’ll forward this information to him. Pretty sure he’ll have a good read. Thanks for sharing!

  332. Greetings, There’s no doubt that your site could be having web browser compatibility issues. When I look at your website in Safari, it looks fine but when opening in Internet Explorer, it’s got some overlapping issues. I just wanted to provide you with a quick heads up! Aside from that, excellent website.

  348. You are so awesome! I don’t suppose I have read through anything like that before. So great to find someone with some unique thoughts on this topic. Seriously.. many thanks for starting this up. This web site is one thing that is needed on the web, someone with a little originality.

  356. An outstanding share! I have just forwarded this onto a coworker who was conducting a little homework on this. And he in fact ordered me dinner due to the fact that I discovered it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanx for spending time to discuss this matter here on your site.

  359. I blog frequently and I seriously thank you for your content. This article has truly peaked my interest. I will bookmark your blog and keep checking for new information about once per week. I subscribed to your Feed too.

  360. Many former Hold’em players have come to appreciate the subtleties of PLO and are therefore interested in the best Offshore Online Poker Sites for Pot Limit Omaha. Because it’s the second most popular form of poker in the world, there are quite a few sites that spread the game, and a number of them are available to Americans, Aussies, and others around the globe.: Just like in pot-limit Omaha, players are dealt four cards in Omaha hi-lo and are required to use two of those four cards in combination with three community cards in order to make a five-card poker hand. Try our “normal difficulty” Texas Holdem free poker game. It’s single player, so you don’t have to worry about looking the fool in front of your friends and family–and it’s difficulty is just right for novice poker players! In addition to playing at the best Omaha Poker Sites, we have listed the most helpful Omaha poker strategy advice to win more money below.
    https://extra-wiki.win/index.php?title=Paradise8_casino
    Powered by Hugo. Theme by TechDoc. Designed by Thingsym. Please allow 3 – 4 weeks for slot machine refurbishment. Dismiss At 95.97%, Zeus slots have an RTP rate, which is average. RTP is a measure of how much a slot will pay back in player winnings, so this slot machine game is quite generous. Fortunately, it it has medium volatility, which means you can expect to hit winning combos and activate the free spin round without much difficulty. There are different categories of free slots to choose from including Vegas, classic, video, fruit, and even 3D slots. Free titles like the Zeus slot machine series 1, 2, and 3 take you on a virtual trip through the world of Ancient Greece. Classics have 3 reels and up to 9 paylines and are the oldest type. Progressive jackpots have an ever-growing jackpot and offer the chance to change your life in a single spin. No matter what you are looking for, there are free titles to test out with no deposit bonuses and without any risk before you decide to spin for real money jackpots.

  371. When I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I receive four emails with the exact same comment. Perhaps there is an easy method you can remove me from that service? Many thanks.

  378. Hi there! This article couldn’t be written much better! Going through this article reminds me of my previous roommate! He always kept preaching about this. I most certainly will send this article to him. Fairly certain he will have a good read. I appreciate you for sharing!

  381. Having read this I thought it was very informative. I appreciate you finding the time and energy to put this information together. I once again find myself spending way too much time both reading and commenting. But so what, it was still worthwhile!

  397. May I just say what a relief to uncover somebody that truly knows what they are discussing over the internet. You actually understand how to bring an issue to light and make it important. A lot more people need to read this and understand this side of your story. I was surprised that you aren’t more popular since you definitely possess the gift.

  403. Oh my goodness! Impressive article dude! Thank you so much, However I am going through problems with your RSS. I don’t know the reason why I can’t join it. Is there anyone else having the same RSS problems? Anybody who knows the solution can you kindly respond? Thanks!

  405. Can I simply say what a relief to uncover someone who actually knows what they are discussing on the internet. You definitely realize how to bring an issue to light and make it important. A lot more people have to check this out and understand this side of your story. I can’t believe you’re not more popular given that you most certainly have the gift.

  412. You’re so awesome! I don’t believe I’ve read something like this before. So great to find another person with unique thoughts on this issue. Seriously.. many thanks for starting this up. This website is one thing that is needed on the web, someone with a bit of originality.

  417. Having read this I believed it was really informative. I appreciate you finding the time and energy to put this informative article together. I once again find myself personally spending a lot of time both reading and leaving comments. But so what, it was still worthwhile!

  427. HEN88 là cổng game bài đổi thưởng hàng đầu tại Việt Nam, nổi bật với sự đa dạng trong các thể loại trò chơi. Từ slot game, xì dách, đến poker, mỗi game đều mang lại trải nghiệm độc đáo với đồ họa sắc nét và âm thanh sống động

  441. I blog often and I seriously thank you for your information. The article has really peaked my interest. I am going to take a note of your website and keep checking for new details about once per week. I opted in for your Feed as well.

  451. After checking out a few of the blog articles on your site, I seriously like your way of blogging. I added it to my bookmark website list and will be checking back in the near future. Please visit my web site as well and tell me what you think.

  452. at web, except I know I am getting familiarity all the time by reading thes pleasant posts.|Fantastic post. I will also be handling some of these problems.|Hello, I think this is a great blog. I happened onto it;) I have bookmarked it and will check it out again. The best way to change is via wealth and independence. May you prosper and never stop mentoring others.|I was overjoyed to find this website. I must express my gratitude for your time because this was an amazing read! I thoroughly enjoyed reading it, and I’ve bookmarked your blog so I can check out fresh content in the future.|Hi there! If I shared your blog with my Facebook group, would that be okay? I believe there are a lot of people who would truly value your article.|منشور رائع. سأتعامل مع بعض هذه|

  467. An impressive share! I have just forwarded this onto a co-worker who has been doing a little homework on this. And he actually ordered me lunch due to the fact that I stumbled upon it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending the time to talk about this matter here on your internet site.

  468. Next time I read a blog, I hope that it does not fail me just as much as this particular one. After all, I know it was my choice to read, but I truly believed you’d have something helpful to talk about. All I hear is a bunch of complaining about something you could fix if you weren’t too busy searching for attention.

  485. Just desire to say your article is as astounding. The clarity in your post is simply spectacular and i could assume you are an expert on this subject. Fine with your permission let me to grab your feed to keep up to date with forthcoming post. Thanks a million and please carry on the rewarding work.

  490. You’re so awesome! I do not think I’ve truly read a single thing like that before. So great to find another person with some genuine thoughts on this subject. Seriously.. many thanks for starting this up. This web site is something that is required on the web, someone with a little originality.

  493. My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using WordPress on several websites for about a year and am anxious about switching to another platform. I have heard good things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be greatly appreciated!

  498. The very next time I read a blog, I hope that it doesn’t fail me just as much as this one. I mean, I know it was my choice to read, nonetheless I really believed you would probably have something useful to talk about. All I hear is a bunch of moaning about something that you could possibly fix if you weren’t too busy seeking attention.

Deixe um comentário