Gilmar Mendes releases the nursing floor for judgment at the STF

After a request for review, Minister Gilmar Mendes, of the Federal Supreme Court (STF), returned the process challenging the payment of the national nursing floor for analysis by the plenary. The legislation that establishes the minimum for the category was approved by the National Congress and sanctioned without budget forecast.

In this way, the resumption of the trial will take place in a virtual plenary between June 16th and 23rd. The ministers judged a decision by Luís Roberto Barroso, who released the payment of the floor, with the establishment of rules for its application.

In the case of private services, Barroso allowed the provision of collective bargaining.

Even with the suspension of the judgment, Barroso’s decision, releasing the application of the floor, is still in effect.

The trial began in May and was interrupted on the 24th at Mendes’ request. Until the case was paralyzed, Barroso (rapporteur) and Minister Edson Fachin voted.

Fachin voted for the national nursing floor to be applied immediately, without distinction between public servants and private sector employees. In early May, President Luiz Inácio Lula da Silva (PT) sanctioned a law that releases R$ 7.3 billion for the payment of the floor. The governors, however, showed concern about how to complement the payment of the minimum wage for nursing.

In July of last year, the National Congress approved the Proposal for an Amendment to the Constitution (PEC) which established a base salary of R$ 4,750 for nurses, 70% of that amount for technicians, and 50% for midwives and assistants.

The following month, the National Health Confederation (CNSaúde) filed a Direct Action of Unconstitutionality (ADI) with the STF questioning the law on the allegation of damage to the private sector and serious risk of discontinuity of services.