Mendonça and Nunes Marques vote against suspension of the nursing floor law – News

Ministers André Mendonça and Kassio Nunes Marques, of the Federal Supreme Court (STF), took a stand against the decision of Luís Roberto Barroso that suspended the effects of the law that established a national salary floor for nursing professionals.

Since last Friday (9), the virtual plenary of the STF judges whether to maintain or drop the floor suspension. The score is 5-2. Ministers Ricardo Lewandowski, Alexandre de Moraes, Dias Toffoli and Cármen Lúcia followed Barroso’s determination. The trial runs until next Friday (16).

The votes of Mendonça and Nunes Marques were released by the Supreme Court this Sunday (11). In the understanding of the ministers, the Judiciary should not interfere in a decision made by another power of the Republic – the nursing salary floor emerged from the approval of a bill in the National Congress and was sanctioned by President Jair Bolsonaro (PL).


“The care to preserve, as much as possible, the choices legitimately made by the democratically elected powers, within the space of legislative conformation granted by the original Constituent, when designing a certain public policy, with the inevitable balance between the constitutional values ​​in dispute, must guide the performance of the constitutional court”, opined Mendonça.

“The greater the gap left by the constituent to the ordinary legislator, the smaller the margin of control of the constitutional inspector. The greater the need for judicial self-restraint and deference to the majority will, carried out by the legislator”, he added.

In addition, the minister said there was no political expediency to suspend the effectiveness of the law. “The more complex such a choice is, the greater the argumentative burden necessary to replace it, or, in the precautionary context, to suspend its effectiveness”, said the minister.

Mendonça also said that the STF has already judged the constitutionality of salary floors for other categories, such as basic education teachers and health agents and combating endemic diseases, and that on both occasions it did not overturn the rules.


Nursing salary floor

The nursing salary floor includes nurses, nursing technicians, nursing assistants and midwives. The first payment of the new floor would take place last Monday (5).

According to the law, nurses would receive an initial minimum wage of R$4,750, to be paid throughout the country for public and private health services. The minimum remuneration for nursing technicians would be 70% of the national minimum wage for nurses (R$ 3,325), while the starting salary for nursing assistants and midwives would correspond to 50% of the minimum wage for nurses (R$ 2,375).

After the floor came into force, the STF was called by the National Health Confederation (CNSaúde), which asked the Court to declare the law unconstitutional and suspend its effects. The entity alleges that the rule that created the floor disrespects the financial, administrative and budgetary self-organization of states and municipalities, both because it has repercussions on the legal regime of its servers and because it impacts the private hospitals hired by the entities to carry out procedures by the Unified Health System. Health (SUS).

Minister Luís Roberto Barroso decided, through an injunction, to suspend the floor. The decision is valid until the impacts of the measure on the financial situation of states and municipalities are clarified, due to the financial risks; employability, in view of the plausible allegations of mass layoffs; and the quality of services, due to the alleged risk of closing beds and reducing the number of nurses and technicians.

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