CNSaúde will question the release of the nursing floor in the STF – 07/05/2023 – Panel SA

The CNSaúde (National Health Confederation) states that, upon the return of the Judiciary recess, it will question the decision of the STF (Supreme Federal Court) that released the nursing floor in the private sector.

According to the entity, the decision involving the payments of the private sector did not reach a majority of 6 votes of the Supreme Court.

The Supreme Ministers defined, by 8 votes to 2, that public sector salaries will be paid according to the additional resources transferred by the Union, of R$ 7.3 billion to states and municipalities.

In the case of workers in private hospitals, the definition was given by average vote, in which three streams of ministers defended different theses, although with some similarities.

Two of them understood that it was necessary to create a path of collective bargaining to make salary adjustments feasible and avoid layoffs – a thesis that prevailed.

The decision announced this Monday (3) also established that, in cases where there is no agreement within 60 days, the salary established by law, R$ 4,750 for nurses, R$ 3,325 for nursing technicians and R$ 2,375 for aides and midwives.

CNSaúde states that, according to the law, decisions issued in precautionary measures of direct action of unconstitutionality must be ratified by the absolute majority of the Supreme Court —minimum of 6 votes—, which happened only in the analysis related to public sector payments.

“Considering that part of Minister Barroso’s decision was not endorsed by the STF, the decision that suspends the effects of the law for the private sector should remain valid in that part”, says CNSaúde.

The entity also claims that the establishment of a period of 60 days for the conclusion of collective negotiations is insufficient. Hospitals assess that the measure does not allow the necessary time for the creation of negotiating tables and discourages employers’ unions from participating in agreements.

With Diego Felix

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