STF form majority to maintain suspension of the nursing floor

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O Federal Court of Justice (STF) formed a majority, this Thursday (15), to maintain the decision that suspended the application of the national salary floor for nursing professionals.

Minister Gilmar Mendes, dean of the Court, was responsible for the vote that led to the majority around the vote of the rapporteur of the process, Minister Luís Roberto Barroso.

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In addition to Gilmar and Barroso, ministers Ricardo Lewandowski, Alexandre de Moraes, Dias Toffoli and Cármen Lúcia also followed this understanding.

Ministers André Mendonça, Nunes Marques and Edson Fachin differed from the rapporteur and voted against his preliminary decision, which determined the suspension of the minimum wage approved in Congress and sanctioned by President Jair Bolsonaro (PL).

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The trial takes place through the virtual plenary of the STF (a form of judgment in which justices present their votes directly on the Court’s website, without the need for the case to be discussed in person or by videoconference). The end of the analysis of the case will be this Friday (16), at 23:59.

The measure passed by Congress set the floor at R$ 4,750 , for the public and private sectors. The value still serves as a reference for calculating the minimum salary for nursing technicians (70%), nursing assistants (50%) and midwives (50%).

On the 4th of this month, Barroso decided, in a monocratic way, to suspend the application of the floor until detailed data from states, municipalities, federal government agencies, councils and health entities are analyzed on the financial impact of care, the impact on health services and the risks of layoffs in view of the implementation of the floor. The deadline for this information to be sent to the STF is 60 days.

“One cannot question the relevance of the objectives that moved the legislator, nor the convenience of valuing the professional categories on which the adequate provision of health services depends. However, without prejudice to the questioning about defect of initiative, supervening constitutionalization of a law of parliamentary initiative and violation of federative autonomy, it is necessary to pay attention, at this moment, to the possible negative impacts of the adoption of the contested salary floors. Due to the legal plausibility of the allegations, this is a point that deserves clarification before considering the application of the law”, said the minister.

Source: CNN Brasil

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