Barroso suspends nursing floor to assess impacts and layoffs

Barroso suspends nursing floor to assess impacts and layoffs
Barroso suspends nursing floor to assess impacts and layoffs

Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), suspended, this Sunday (4/9), the national salary floor for nursing and set a period of 60 days for the category to clarify the financial impact of the measure endorsed by the National Congress. and sanctioned by President Jair Bolsonaro (PL).

Before the measure is consolidated, the magistrate wants to assess the risks to employability in the sector and analyze whether the measure impacts the quality of services provided.

The minister defended that the clarifications occur before the floor enters into force. Barroso points out “a concrete risk of worsening the provision of health services”, due to the risks pointed out by the federal government, related to mass layoffs and the reduction in the supply of beds, in view of the increase in expenses with the floor.

“At this moment, it is necessary to pay attention 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”, maintains the minister in the decision.

Barroso also states that the Legislative and Executive did not “take care of the measures” that would make the execution of the salary floor feasible. The minister intends to take the precautionary decision to the virtual plenary in the coming days. The magistrate undertakes to reassess the case at the end of the term.

The 26 states, the Federal District, the National Confederation of Municipalities (CNM) and the Ministry of Economy will be summoned to provide information within the deadline. The Ministry of Labor and the National Confederation of Health Workers (CNTS) will have to provide detailed data regarding the risk 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.

Action questioned

Barroso’s precautionary decision stems from a lawsuit filed by the National Confederation of Health, Hospitals and Establishments and Services (CNSaúde), which questioned the constitutionality of the law that instituted the salary floor of R$ 4,750 for nurses; 70% of this amount to nursing technicians; and 50% to nursing assistants and midwives.

CNSaúde claimed that the law would be 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 for having repercussions on the legal regime of its servants, as well as for impacting private hospitals hired by states and municipalities to perform procedures by the SUS”.

The entity also stated that the text was approved quickly and without legislative maturity in the Chamber of Deputies and the Federal Senate. CNSaúde stressed that the matter was not analyzed in parliamentary committees, despite the relevance of the measure and its significant impacts. As postulated by 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.

See the minister’s decision:

Adi 7222 Mc – Mlrb Decision by Guilherme Goulart on Scribd

The article is in Portuguese

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