Minister Luis Roberto Barroso, of the Federal Supreme Court, suspended on Sunday (4/9) Law No. 14434/2022, which established the national minimum salary for nursing, and gave public and private entities in the health field 60 days to clarify financial matters. The impact of the standard and the risk of layoffs in the sector and the reduction of the quality of services.
Barroso considered it more appropriate, given the data presented thus far, that the law should not enter into force until such clarifications had been made. This is because the Minister saw a tangible risk of deteriorating the provision of health services, especially in public hospitals, in Santas Casas and in hospitals linked to the Unified Health System (SUS), where those concerned indicated the possibility of mass layoffs and a reduction in bed width.
The minister stressed the importance of valuing nursing staff, but stressed that “it is necessary to pay attention, at this moment, to the possible negative effects of adopting disputed salary limits.” “This is a point that deserves clarification before considering the application of the law,” he added.
In addition, the judge stated that the legislative and executive body had not taken the necessary measures to enable the health network to absorb the costs. “Essentially, it seems reasonable to say that the legislature approved the project and the executive passed it without concern for measures that would make its implementation viable, such as increasing the payment schedule of SUS to the network of partners. Assuming, they wished to receive bonus benefits without the burden of increasing their own expenses, and outsourcing the account.”
The decision of the precautionary minister for the referendum will be taken in the virtual plenary session in the coming days. At the end of the term, based on the information, Barroso will re-evaluate the case.
The direct action of unconstitutionality was introduced by the National Federation of Health, Hospitals, Institutions and Services (CNSaúde), which questioned the constitutionality of Law 14.434/2022.
The rule set a minimum salary 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 system and civil servants from the three areas (federation, states and municipalities), including municipalities and enterprises.
The 26 states and the Federal District, the National Federation of Municipalities (CNM) and the Department of the Economy will be called to provide information on the financial impact of the rule. The Department of Labor and the National Federation of Health Workers (CNTS) must provide detailed information about the risks of layoffs. Finally, the Ministry of Health, health boards and the Brazilian Federation of Hospitals (FBH) will need to clarify the alleged risks of closing beds and reducing the number of nurses and technicians.
Among other points, CNSaúde claimed that the law is unconstitutional because the rule setting wages for civil servants is a private initiative of the CEO, which did not happen, and that the rule does not respect financial, administrative and budgetary self-regulation. of subnational entities. , “because of its implications for the legal system of their employees, and because it affects the private hospitals with which states and municipalities have contracted to carry out procedures by the SUS.”
The House also stated that the text was approved quickly and without legislative maturity in the House of Representatives and the Federal Senate, as it did not pass through any committee, despite the measure’s importance and significant effects. According to the union, enforcement of the law could lead to increased unemployment, bankruptcy of health units, or increased shifting costs in the private service, among other problems.
For Minister Barroso, “the constitutional issues raised in this procedure are sensitive.” “On the other hand, a legitimate aim of the legislator is the appreciation of health professionals, who, during the long period of the Covid-19 epidemic, have been tirelessly in defense of the life and health of Brazilians. The risks to the autonomy and financial health of the federal entities, and the reactions to the employability of the sector, and the livelihood of many hospital institutions, and thus the provision of health services.”
Barroso hopes that “the risk to employment among professionals that the law intends to honor, noted as a side-effect of legislative innovation, raises serious doubts about the appropriateness of the measure to achieve the desired ends.” He noted that due to the regional disparity existing in the country, there is a risk of greater losses in the poorer regions.
The minister also emphasized that private entities that have conditions can and must implement the word. “Of course, private foundations that are able, from the outset, to bear the burden of the floor in the contested law, are not only prevented from doing so, but encouraged to do so. The constitutional and financial circumstances mentioned here do not mean that the value is not fair and that the beneficiaries are Not worth the minimum wage.”
The resolution brings data on the financial impact of the measure indicating processing in Congress. According to Dieese, the increase needed to comply with the minimum would be R$ 4.4 billion annually for municipalities, R$ 1.3 billion annually for states and just R$ 53 million annually for the federal government. The Federation of Santas Casas de Misericórdia, Hospitals and Charitable Entities (CMB) reported an increase of R$6.3 billion annually.
“These amounts can affect public finances, because in the face of any economic-financial imbalance arising from agreements and contracts concluded for the provision of services to the SUS, it is expected that individuals will seek to revise their clauses in the face of the celebrating states and municipalities,” the minister said.
The author of the procedure also told the STF that a survey conducted 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. He pointed to the possibility of dismissing 80,000 nurses and closing 20,000 beds. With information from the press office of STF
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