posted 9/11/2022 2:29 PM / updated 9/11/2022 2:51 PM
Minister André Mendonça – (credit: Nelson Jr./SCO/STF)
The maintenance of the nursing salary floor is still on the agenda in the Federal Supreme Court (STF). The trial began Friday (10/9). André Mendonça contradicted his colleagues (Roberto Barroso, Ricardo Lewandowski, Alexandre de Moraes, Dias Toffoli and Cármen Lúcia) by being in favor of maintaining the floor. The STF released Mendonça’s vote only this Sunday (11/9). There are still votes for Rosa Weber, Nunes Marques, Luiz Fux, Edson Fachin and Gilmar Mendes.
The session, which began in a virtual plenary, is with five votes to one to keep payments suspended until new calculations are made on the possibilities of funding the new law – the trial should end next Friday (16/9) .
As a justification for his vote, Mendonça explains that “it is necessary to verify, in the specific case, (…) the ‘political convenience of suspending the effectiveness’ of the questioned normative act, considering, above all, the deference that the Constitutional Court owes have, as a rule, before the choices and balances made by the Legislative and Executive Powers”.
The law regarding the creation of the nursing floor provides that the professional earns, at least, the amount of R$ 4,750 per month. The nursing technicians, on the other hand, would receive 70% of the amount, totaling R$ 3,325 per month. The salary of nursing assistants and midwives would be 50% of the value, that is, R$ 2,375. The judgment in the STF questions, in particular, where the resources for the maintenance of the floor will come from.