STF maintains compensation to health professionals disabled by Covid

The plenary of the Federal Supreme Court (STF) unanimously decided to deny an appeal by the Presidency of the Republic and maintain in force the law that provides for the payment of financial compensation to health professionals who, during the pandemic, worked in the right care for patients. with Covid-19, contracted the disease and became permanently unable to work.

Law 14,128/2021 was approved by Congress in 2020, but was vetoed in full by President Jair Bolsonaro, on the grounds that the source of funds for the creation of new expenditure during the emergency period would not have been indicated.

The veto was overturned in Congress, which is why the Presidency appealed to the Supreme Court, alleging unconstitutionality in the course of the law. One of the arguments was that the expenditure violated budget legislation by not providing for the source of funding.

The law also provides for the payment, by the Union, of the same financial compensation to the spouse and dependents of the health professional who has died as a result of Covid-19, after having contracted the disease during the period of health emergency.

Vote

The rapporteur of the action at the Supreme, Minister Cármen Lúcia, refuted the argument by saying that the constitutional amendments that deal with the extraordinary tax regime to combat the pandemic provided, in their provisions, for the exemption of legal budget limitations in the case of measures to “combat of the social and economic consequences of the Covid-19 health crisis”.

She also highlighted that the Supreme Court itself relativized the budget rules in the case of measures to deal with the economic and social consequences of the pandemic. The minister’s understanding was followed by all the court ministers.

Benefit

By denying the appeal, the Supreme Court validates the law, which provides for the payment of a fixed compensation of R$ 50 thousand to the professional incapacitated by Covid-19, as well as the payment of other compensation of variable value to the dependents, in the event of the death of the employee. professional.

Among the beneficiaries of the law are doctors, nurses, physiotherapists, nutritionists, social workers, professionals who work with testing in clinical analysis laboratories, at a technical or higher level, and community health and endemic agents.

The legislation provides that financial compensation is also paid to those who provided support services in health facilities, such as security, cleaning, pantry, ambulance driving and administrative services.