The case shocked the entire country, including then Prime Minister Jose Socrates. The suffering an acute leukemia, Manuela Estanqueiro, a teacher of 63 years, saw the CGA deny him retirement twice. The institution amended only a few days before hand the teacher died in 2007, after having forced to teach in great suffering.
Last month, the Supreme Administrative Court definitively condemned the CGA (CGA) to deliver 20 000 euros to the daughter of Manuela Estanqueiro, compensation to which the institution tried to evade using all legal means at its disposal – including having invoked their poor financial situation. This, like other arguments, not, however, moved the judges, for whom the situation facing the country can not be a reason to empty the right to financial compensation for the situation that Manuela was Estanqueiro subject. Contacted by the PUBLIC, the CGA sent information about this case to the Ministry of Finance, which did not pay them.
With over 30 years of service, the teacher Cacia, Aveiro, had undergone chemotherapy when it was present to a medical board. Clinicians have observed that found her permanently unable to return to work, but the doctor who led them – and never saw the patient – decided to counter his opinion refusing to retirement. For that, based on a report of the University Hospitals of Coimbra before the departure of Manuela Estanqueiro the medical committee. The document said that the leukemia was in “remission”. But also added that the teacher had “reached the limits of their capabilities to deal with children” and related problems with them. To not lose pay and risk being fired for unexcused absences, the teacher of Technological Education returned to School 2/3 Cacia. She was the daughter at the time with a high-risk pregnancy, who had to take her and go seek. Colleagues improvised him a bed with sofas in the staff room, so you can relax between classes, he could not always give. Even sticking to regulations, there were teachers who replaced it in the classroom. “Regularly had to be fed by daughter or by colleagues when he was lecturing, because I could not do it alone,” describe two sentences of court. There were days when the plate went back as it had come.
The ordeal lasted a month, along which Manuela Estanqueiro returned to need hospital care. It was at this time that the case jumped to newspapers and televisions, along with other, similar contours, a professor of Braga with laryngeal cancer who could barely speak but who also retirement had been refused. Socrates said he was shocked to the point of declaring an audit of the medical boards of the CGA. It was also because of the medical Manuela Estanqueiro spent together, from there, to be staffed exclusively by physicians.
For today the Minister of Social Security, Pedro Mota Soares voice, the parliamentary group of CDS required explanations for such “atrocious inhumanity.” It was after the public scandal – and having already denied the teacher retirement twice – that the CGA finally granted her retirement at a time when he was again admitted to the Hospital de Aveiro to go no more out
The judge who reviewed the case in the North Central Administrative Court – which appealed to the CGA after convicted in first instance – did not hesitate to classify what happened as a disregard for human dignity. “The period of time during which she was forced to work was extremely painful and almost unworthy of the human condition and teacher,” wrote the sentence. “If nothing else his disease,” adds the magistrate, drawing attention to the unnecessary suffering plus the negligent attitude of the CGA caused. So do not acceded to the request of the prosecutor to lower compensation to five thousand euros. “My mother was in trouble this injustice that you were doing,” recalls her daughter, also a teacher, who asked the court for compensation of 300 000 euros. The lawyer of the Teachers Union of the Centre Zone represented in court acknowledges come to lodge a complaint against the Portuguese State in European bodies such as the European Court of Human Rights.
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