Barroso suspends law that created a national nursing salary floor

Barroso suspends law that created a national nursing salary floor
Barroso suspends law that created a national nursing salary floor

Minister Luís Roberto Barroso, of the Federal Supreme Court, suspended this Sunday (4/9) Law 14,434/2022, which created the national salary floor for nursing, and gave public and private entities in the health area 60 days to clarify. the financial impact of the standard and the risks of layoffs in the sector and reduction in the quality of services.

Barroso saw a concrete and immediate risk
mass layoff of nurses reproduction

Barroso considered it more appropriate, given the data presented so far, that the law not enter into force until these clarifications are made. This is because the minister saw a concrete risk of worsening in the provision of health services, especially in public hospitals, in Santas Casas and in hospitals linked to the Unified Health System (SUS), as those involved pointed to the possibility of mass layoffs and reduction of bed offer.

The minister stressed the importance of valuing nursing professionals, but highlighted that “it is necessary to pay attention, at this moment, to the possible negative impacts of the adoption of the contested salary floors”. “This is a point that deserves clarification before the application of the law can be considered,” he added.

In addition, the magistrate stated that the Legislative and Executive did not take care of the necessary measures to enable the absorption of costs by the health network. “Basically, it seems plausible to argue that the Legislature approved the project and the Executive sanctioned it without taking care of the measures that would make its execution viable, such as, for example, increasing the SUS reimbursement table to the partner network. hypothesis, they would have wanted to have the benefit bonus without the burden of increasing their own expenses, outsourcing the account.”

The minister’s precautionary decision will be taken to a referendum in the Virtual Plenary in the coming days. At the end of the term, and based on the information, the case will be re-evaluated by Barroso.

The direct action of unconstitutionality was presented by the National Confederation of Health, Hospitals and Establishments and Services (CNSaúde), which questioned the constitutionality of Law 14.434/2022.

The rule established a salary floor of R$ 4,750 for nurses, 70% of this amount for nursing technicians and 50% for nursing assistants and midwives. According to the text, the national floor is valid for employees under the CLT regime and for civil servants from the three spheres (Union, states and municipalities), including municipalities and foundations.

The 26 states and the Federal District, the National Confederation of Municipalities (CNM) and the Ministry of Economy will be summoned to provide information on the financial impact of the rule. The Ministry of Labor and the National Confederation of Health Workers (CNTS) will have to provide detailed information about the risks of layoffs. Finally, the Ministry of Health, health councils and the Brazilian Federation of Hospitals (FBH) will need to clarify the alleged risk of closing beds and reducing the number of nurses and technicians.

disrespected rule
Among other points, the CNSaúde claimed that the law is unconstitutional because the rule that defines the remuneration of civil servants is a private initiative of the Chief Executive, which did not happen, and that the rule disrespected the financial, administrative and budgetary self-organization of subnational entities. , “both because it has repercussions on the legal regime of its employees, and because it impacts private hospitals hired by states and municipalities to perform procedures by the SUS”.

CNSaúde also stated that the text was approved quickly and without legislative maturity in the Chamber of Deputies and the Federal Senate, where it did not go through any commission, despite the relevance of the measure and its significant impacts. According to the confederation, the application of the law can increase unemployment, generate the bankruptcy of health units or increase the transfer of costs in the private service, among other problems.

For Minister Barroso, “the constitutional issues raised in this action are sensitive”. “On the one hand, there is the legitimate objective of the legislator to value health professionals, who, during the long period of the Covid-19 pandemic, were tireless in defending the life and health of Brazilians. the risks to the autonomy and financial health of the federative entities, the reflexes on employability in the sector, the subsistence of numerous hospital institutions and, therefore, the very provision of health services.”

Barroso pondered that “the risk to employability among professionals that the law intends to honor, pointed out as a side effect of legislative innovation, raises considerable doubts about the suitability of the measure to achieve the desired ends”. And he pointed out that, due to the existing regional inequality in the country, there is a risk of greater losses in poorer regions.

The minister also emphasized that private entities that have conditions can and should implement the floor. “Naturally, private institutions that are able to, from the outset, bear the burden of the floor contained in the contested law, are not only not prevented from doing so, but are encouraged to do so. The constitutional and fiscal circumstances mentioned here do not mean that the value is not fair and that the categories benefited do not deserve the minimum remuneration.”

economic impact
The decision brings data on the financial impact of the measure referring to the processing in Congress. According to Dieese, the necessary increment to comply with the minimum will be R$ 4.4 billion per year for the municipalities, R$ 1.3 billion per year for the states and only R$ 53 million per year for the Federal Government. . The Confederation of Santas Casas de Misericórdia, Hospitals and Philanthropic Entities (CMB) indicated an increase of R$ 6.3 billion per year.

“Such amounts have the potential to impact public finances, since, in the face of any economic-financial imbalance that arises from the agreements and contracts formalized for the provision of services to the SUS, it is expected that individuals will seek to review their clauses in the face of the celebrating states and municipalities”, said the minister.

The author of the action also told the STF that a survey carried out with employers showed that, with the floor, 77% of the ears would reduce the number of nursing staff and 51% would reduce the number of beds. A possibility of dismissal of 80 thousand nursing professionals and closing of 20 thousand beds was pointed out. With information from the press office of the STF

Click here to read the decision

ADI 7,222


The article is in Portuguese

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