Nursing floor: what happens now?

The implementation of the national nursing floor is suspended across the country after a decision by the STF (Supreme Federal Court). By 7 votes to 4, the majority of ministers endorsed an injunction by Luís Roberto Barroso in favor of the suspension until information about the economic impact of the measure is presented.

Approved in July and enacted in August, law 14,434/2022 set a minimum wage floor of R$4,750 for nurses. Nursing technicians must receive 70% of this amount (R$ 3,325), and nursing assistants and midwives, 50% (R$ 2,375).

Before the floor started to be paid, the CNSaúde (National Confederation of Health) went to the STF requesting an injunction against the minimum value for the category. The argument is that there may be mass layoffs, an increase in the amount charged by health plans and the closing of beds.

In his vote, Barroso pondered the reasons for his decision. “On the one hand, there is the legitimate objective of the legislator to value health professionals, who, during a long period of pandemic, were required to the limit of their strength,” he said.

“On the other hand, there are the risks to the autonomy and financial health of federative entities, the impacts on employability in the sector and, therefore, on the very provision of health services.”

How is the nursing floor?

While there is no final position on the subject, the floor for the category remains suspended and nurses and other health professionals continue with their salaries as they are, since there was no national minimum value applied to them previously.

The injunction against the floor was brought to the court for consideration at the request of Minister Barroso. The trial in the virtual plenary began on Friday (9) and ended at 11:59 pm this Friday (16), with a score in favor of his decision.

In his report, Barroso gave 60 days for entities representing public and private health to consider the measure, so that he can decide on the merits of the action. As it is an ADI (Direct Action of Unconstitutionality), the case must be judged by the plenary in person.

Can the injunction be overturned?

Minister Barroso himself can suspend the injunction granted after analyzing the arguments sent by the health entities. The minister must make a new report on the case.

In his decision, he asks that the Ministry of Health, CNS (National Health Council), Conass (National Council of Health Secretaries), Conasems (National Council of Municipal Health Secretaries) and FBH (Brazilian Federation of Hospitals) be summoned. for them to manifest.

The notification letter from the entities will still be sent. With that, the deadline for a new decision ends in mid-November, when Barroso can maintain what he decided or suspend the effects of the injunction.

Will the nursing floor be judged again?

According to lawyer Gustavo Ramos, a partner at Mauro Menezes & Advogados and a master in social and labor relations law, after a period of 60 days, Minister Barroso will prepare his vote on the merits of the matter and release the case for judgment by the plenary. physicist of the STF.

However, there is no deadline for the case to be heard. “Who will decide on the inclusion of the process in the agenda for judgment of merit, after the release of the case by the rapporteur, will be the current president of the STF, minister Rosa Weber.”

Why is the law being discussed in the Supreme Court?

According to Ramos, it is up to the STF to decide on the constitutionality or unconstitutionality of any federal law and this decision is taken every time the court is “provoked” about the measure.

For him, however, there was no unconstitutionality in the legislation. Barroso’s decision was taken taking into account budgetary impacts that should be discussed by the Legislative Power. “The notion that paying low wages maintains or creates jobs is wrong,” he says.

Entities split

Representatives of private hospitals and medical plans are against the floor, as well as the CNM (National Confederation of Municipalities), alleging increased costs that can lead to layoffs and cuts in services.

On the other hand, the nursing councils and the CNS (National Health Council) argue that the implementation of the measure will benefit not only workers, but the whole of society.

THE Sheet sought out all the entities mentioned in Barroso’s decision to comment on the decision and report on possible arguments to be presented in the Supreme Court, but none of them responded until the publication of this text.