NN Advogados Associados, through lawyers Carlos Nicodemos and Maria Fernanda Fernandes, represented the organization CRIOLA in a Public Civil Action filed against the Federal Government, seeking the implementation of a National Menstrual Health Plan. The case was featured in Lauro Jardim’s column in O Globo newspaper.
The Federal Prosecutor’s Office (MPF) stated that the Federal Government failed to provide sufficient information and explanations to confirm the fulfillment of the Menstrual Health Protection and Promotion Program, which was established by law and foresees the free distribution of sanitary pads to vulnerable women.
This statement was made in the context of a lawsuit filed by the NGO Criola, demanding that the government present a detailed action plan demonstrating that the legal obligation is being fulfilled.
The court had already issued a preliminary injunction requiring the government to demonstrate both the regulation and the transfer of funds within the scope of SUS’s primary health care program.
Despite the court’s decision, the plaintiff organization claimed that the government continued to disobey the ruling and that the documents submitted in the case could not be considered as proof of compliance.
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According to the MPF, the defendant presented only generic information, without detailing the measures actually taken. Prosecutor Jaime Mitropoulos stated, “There is no way to determine whether the timeline was followed.”
The opinion reads:
“Although a timeline for the acquisition and distribution of free sanitary pads was submitted, there is no information in the case files regarding the other objectives set by the legislator. Nor were clarifications provided on budget allocation and the transfer of financial resources, as established by Federal Law and the granted injunction.”
The MPF also expressed support for a conciliation hearing with six ministries. The agency also agreed with the request by lawyers Carlos Nicodemos and Maria Fernanda Fernandes that the ministries submit information regarding the financial and budgetary measures taken to execute the program.
