Plenary of the Federal Supreme Court (STF).| Photo: Carlos Moura/SCO/STF.

The Federal Supreme Court (STF) formed a majority this Wednesday (15) to consider unconstitutional the law of the state of São Paulo that obliges public and private hospitals to provide a rest room for nurses, technicians and nursing assistants.

The trial, which began last Thursday and was resumed today, dealt with the constitutionality of a law sanctioned on January 3, 2020 by former governor Rodrigo Garcia. The norm determines the creation of decompression rooms, which are spaces for professionals to rest after carrying out emergency care.

The action was filed by the National Confederation of Health, Hospitals and Establishments (CNSaúde) in February 2020. The confederation claimed that it is the competence of the Union, not the State, to legislate on labor law.

Most ministers agreed that the measure should be approved by the National Congress. The understanding was presented by Minister Alexandre de Moraes and followed by André Mendonça, Nunes Marques, Dias Toffoli, Gilmar Mendes and the President of the Court, Rosa Weber.

On the other hand, Fachin voted to maintain the validity of the law. In the understanding of the rapporteur, the Legislative Assembly of São Paulo can legislate on the matter, since the issue does not deal with the work regime. Minister Luís Roberto Barroso also followed Fachin’s position.