In preliminary decision, Barroso suspends salary floor for nursing professionals in Brazil

In preliminary decision, Barroso suspends salary floor for nursing professionals in Brazil
In preliminary decision, Barroso suspends salary floor for nursing professionals in Brazil

O Minister Luis Roberto Barrosoof Federal Supreme Court (STF)suspended, by means of an injunction, the national nursing floor, approved by the National Congress. The judge’s decision is preliminary, that is, provisional.

According to the magistrate, it is necessary to assess how is the employability framework in the area with the new law, which regulates the salary floor for nurses and nursing technicians across the country. In addition, Barroso understood that the change can generate financial problems in the states, in addition to the risk of closing beds.

The minister responded to a request from the National Confederation of Health, Hospitals and Establishments and Services (CNSaúde), which questioned the constitutionality of law 14.434/2022 and alleges that it runs the risk of mass layoffs, as the private sector would not be able to afford the new wages.

The legislation provides for a salary floor of R$ 4,750 for nurses; 70% of this amount to nursing technicians; and 50% to nursing assistants and midwives. The minister stressed the importance of professionals for the health service and for the country. However, he stated that the law was passed without providing for strategies to fund the new values.

“Basically, the argument that the Legislature approved the project and the Executive sanctioned it without taking care of the measures that would make its execution feasible, such as, for example, increasing the SUS reimbursement table to the partner network, seems plausible. In this case, they would have wanted to have the benefit bonus without the burden of increasing their own expenses, outsourcing the account”, he declared.

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Barroso gave 60 days for public entities, such as the Ministry of Labor and Welfare, the National Confederation of Health Workers, the Ministry of Health and the National Council of Health Secretaries to express their views on the subject. After that, the case can be taken to trial in the virtual plenary so that the other ministers decide whether or not to confirm the injunction that keeps the floor suspended.


The article is in Portuguese

Brazil

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