Senate and CNM appeal against the decision of the nursing floor by the STF

The president of the Senate, Rodrigo Pacheco (PSD-MG), informed, this Thursday (31), that he filed – through the Senate Advocacy – embargoes of declaration against the decision of the Federal Supreme Court (STF) on the floor of the nursing.

According to Pacheco, “the initiative represents the position of the Board of Directors of the Senate”. “With the embargoes, we seek to have the floor implemented along the lines of what was decided by the National Congress”, he wrote.

In early July, the STF decided on the constitutionality of the Nursing Floor Law. The magistrates, however, imposed conditions for the application of the law, approved last year by Congress.

Among these rules, it was defined that the payment of the floor to professionals working in the state health system and philanthropic entities that serve more than 60% of SUS patients will depend on the full transfer of complementary resources from the Union. proportional to the journey.

In the request for an embargo submitted to the STF, Senate lawyers claim that the decision has “contractions, omissions and obscurities” and calls for the “full and immediate” application of Law No.

The Senate also argues that the decision of the STF “characterizes true legislative activity on the part of the Judiciary, replacing the entire legislative process”, which would constitute “violation of the principle of separation of powers”.

Regarding the need for the Union to bear all the extra costs of the national floor, the Advocacy of the Senate alleges, among other reasons, that “defining sources of revenue for the cost of health is also the legislative competence of the states, the Federal District and the municipalities, and not just the Union”.

The request also reinforces that the law did not fix the payment of the minimum wage to a 44-hour day, having been observed, in fact, “that there is a predominance of the 40-hour week for the public sector and a more recurrent variation between 30 hours , 36 hours and 40 hours a week, or 12/36 hours in the private sector”.

“The decision of this Federal Supreme Court, to link the national wage floor to 44 hours a week, also contributes to reducing the social effectiveness of the approved law”, says the Advocacy of the Senate.

The Senate is still questioning the decision of the Supreme Court that conditioned the payment of the floor in the private sector to the approval of the amount in a collective agreement. For the House, it is a “contradiction regarding the possibility of an agreement or collective agreement disposing differently from that provided for in a constitutional norm”. According to the lawyers, collective bargaining agreements and negotiations can only supersede the Constitution “to ensure a more advantageous situation for professionals, never to restrict the scope of constitutional protection”.

The value of the national nursing floor, approved by Congress, is BRL 4,750 for nurses, BRL 3,325 for technicians and BRL 2,375 for nursing assistants and midwives.

Confederation of Municipalities also questions STF decision

In addition to the Senate, the National Confederation of Municipalities (CNM) also presented, this Friday (31), embargoes against the decision of the STF, regarding the payment of the nursing floor. The entity reinforced some concerns regarding employers’ charges and the definition of remuneration.

According to the CNM, the STF judgment points to a lack of clear definition of the concept and scope of the “salary floor”, causing uncertainties about its scope, creating significant legal uncertainty in relation to the amount that must actually be paid to professionals of nursing.

“This omission may have consequences for nursing professionals and federal entities directly responsible for payment, as well as for the Union, which plays an important role in the transfer of values”, says the entity.