February 20, 2024

Toffoli Requests Review, STF Suspends Nursing Floor Experience Again | Policy

The STF has appealed the nursing floor ruling – Image: DIVULGAÇÃO / STF

A few minutes after the Federal Supreme Court (STF) resumed the trial dealing with the minimum nursing salary, Minister Dias Toffoli this Friday (16) submitted a motion to review the process, once again halting the vote.

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The two ministers voted to release the payment of the maximum limit, but with conditions – including a mechanism to bear the cost of the public sector with benefit, in the event that it is necessary to complete the amount expected in principle to comply with the procedure. .

According to the proposal, the union would be able to unlock additional credit using individual parliamentary adjustments to the budget for public health measures and services as a basis, thus covering the potential additional implications of the public power to pay bonuses to the class.

Common Vote also suggests that the minimum value be proportionate in cases of workloads of less than 8 hours per day or 44 hours per week.

Barroso and Mendes also took the position of creating a 60-day transition period so that employers and private workers would have “reasonable time to negotiate potential ground facilities.”

The judges returned to analyze the case in the virtual plenary session of the court, which is a form of judgment in which they cast their votes on a web page of the court, without the need for a face-to-face session or via videoconference.

The hypothetical trial of the case had begun at the end of May with a vote by Barroso and Edson Fachin, but a request for an opinion from Minister Gilmar Mendez suspended the analysis. In recent days, ministers have been planning behind the scenes for a consensus to ensure a mechanism that will guarantee the minimum payment and avoid funding shortfalls.

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Historical

The individual decision of Minister Luis Roberto Barroso in favor of paying a bonus to this category is being discussed, but with some conditions.

At the start of the trial, the rapporteur voted in favor of the decision. On the other hand, Minister Edson Fashin voted to participate in the same way for all groups – nurse, technician and assistant – in both the public and private sectors.

Barroso reversed the decision to suspend the speech on May 15. In the case of states and municipalities, the reward must be within the amount transferred by the federation. In the case of private units, the Minister foresaw the possibility of collective bargaining, while maintaining the section of law that precluded the procedure.

This decision came after the passage of a law that allowed the federal government to transfer 7.3 billion Brazilian reais so that states and municipalities would pay the new value to professionals. It will be analyzed by other ministers in virtual plenary, in a session starting May 19

Barroso considered it possible to release the minimum bonus payment because the government and Congress made the transfer of resources possible.

“The precautionary measure conferred in these records appears to have achieved part of its purpose, mobilizing the executive and legislative branches to allocate the necessary resources to fund minimum wages by subnational and charitable entities. In this scenario, the situation analyzed here becomes closer to a frontier situation other national minimum wages applicable to public servants whose constitutionality has been recognized by this Federal Supreme Court.”

However, the minister reasoned, the amount reserved for the procedure did not appear to be sufficient to cover the cost of the floor. Information provided in the process by sectoral institutions estimates the financial impact, in the first year, to be R$10.5 billion for the municipalities alone.

The rapporteur stressed that the federal law cannot impose the minimum amount on local administrations without providing the full amount to cover the new costs. This could harm the financial autonomy of states and municipalities, violating the federal principle, which is a strict provision of the Constitution.

The minister indicated that for the private sector, “the risks of adverse effects mentioned in the precautionary measure still exist, which is the possibility of mass layoffs of nursing workers, especially in the private sector, and damage to the maintenance of the center.” Supplying beds and other hospital services.”

But she concluded that the lack of involvement of professionals in this field could raise questions on the basis of the principle of equality. Therefore, for this sector, I have authorized collective negotiations and set a deadline for implementing the decision, starting from July 1 of this year.

less pay

In July last year, the National Congress approved a change in the Constitution to create a minimum wage for nurses, nursing technicians, nursing assistants and midwives, to be followed by both the public sector and private companies.

In August, the legislature also approved the law cited by the constitutional amendment, which set a value of R$4,750.00 for nurses – nursing technicians will earn 70% of that amount; Assistants and attendants will have the equivalent of 50% of the floor.

In September, the case reached the Supreme Court. The decision of the measure questioned the measure, Secretary Barroso decided to suspend the rule until the financial implications of the measure for states, municipalities, and federal government agencies could be analyzed. The court later upheld the individual decision.

In December, a new constitutional amendment specified that the federation would have to, by law, provide supplementary financial aid to states, the Federal District, municipalities and charitable entities, to pay for a minimum.

This year, Congress approved a law specifying the amount the union must pass on to local departments. This measure was signed into law by the President and is currently in effect.

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