February 27, 2024

The doctor got a Fies deduction in court for his work on SUS during the pandemic

Doctor pandemic
Credit: SJ Objio/Unsplash

Judge Flavia de Macedo Nolasco, of the 9th Federal Civil Court of the Federal District Judicial Division, of the Federal District Court of the First District (TRF1), decided that a physician who worked in the Unified Health System (SUS) during the pandemic is entitled to a deduction of $128,000 Brazilian reals on student debt.

The decision states that the National Fund for Education Development (FNDE), Banco do Brasil and the federation will give 1% of the outstanding balance to the Student Finance Fund (Fies) for each month it operates during the pandemic period.

The doctor, who trained at a university in Presidente Prudente, in the interior of São Paulo, said he filed the lawsuit after failing to obtain the discount through the government portal FIES/MED. According to him, the system displayed a message that he had links to the National Registry of Health Facilities (CNES) in teams accepted by the program.

In the decision, the judge cites Section 6-B of Law No. 10.260/2001, which states that doctors, nurses and other health professionals who worked on SUS during the period the health emergency was in effect are entitled to a 1% reduction in the balance Fies debited. “I am verifying that the plaintiff meets the requirements required by law, as he has established that he worked as a front-line physician to combat Covid-19 at SUS during the period of the pandemic,” the judge wrote.

In dispute, the union argued that the lack of regulation of the law by the FNDE prevented the application from being analyzed in favor. However, the judge cites an earlier decision of the Twelfth Committee in TRF4, in which the judge in charge of the report Ana Beatriz Vieira da Luz Palumbo argues that “lack of regulation cannot serve as a justification for denying a right formally established by law and that it is not enforced solely because of an omission competent authorities for this purpose.

For lawyer Danilo Machado, of the office of Machado & Costa, who is in charge of the procedure, the discount given to the doctor is an important victory. “This decision can benefit other health professionals; such as doctors, nurses, physiotherapists and pharmacists who have worked on the front lines of Covid-19, which is a high priority area for public health.”

The operation is under the number 1006185-51.2023.4.01.3400.