President Jair Bolsonaro sued the Supreme Court (STF) against a law passed by the National Congress that provides financial compensation to health professionals on the frontlines of the fight against Covid who were permanently incapable of working for having contracted the disease.
The law provides, for example, indemnities of R$ 50 thousand. Initially, it had been vetoed by the Executive, but the veto was overturned in Congress.
In addition to guaranteeing resources for health professionals and workers, the law includes, among possible beneficiaries, community health and endemic agents, as well as heirs, spouses, partners and dependents of these people.
The action, also signed by the Union’s attorney general, Bruno Bianco, asks for the suspension of the rule’s effects. For the government, the approval of the text violated constitutional principles for invading a matter within the competence of the Executive, for creating a benefit whose payment will extend beyond the pandemic and for not providing a source of funding for the expenses.
“Although the reasons for the merits of the contested rule are understood, in relation to the recognition of professionals who worked directly in the fight against the new coronavirus and the concern for those who are incapacitated or who will die as a result of Covid-19, it appears that the text of the referred diploma was extremely imprecise in establishing the beneficiaries of the financial compensation and the hypotheses that would entail the right to this indemnity”, says the text of the action.
According to the action, Article 1 of the law was “very broad” in including social workers, administrative personnel, security and others as health professionals.
“This fact creates legal uncertainty for the Union, as it may be sued in court for the compensation of hundreds of professional categories as a result of this legal provision. Although the financial compensation provided for in the law under examination does not expressly refer to civil servants and employees public, it did not restrict these professionals,” argued the government.
Chamber approves compensation to health professionals permanently incapacitated by Covid