Pacheco promises to find a solution to guarantee payment of the nursing floor

posted on 09/16/2022 03:55

  (credit: Jefferson Rudy/Senate Agency)

(credit: Jefferson Rudy/Senate Agency)

The Federal Supreme Court (STF) formed a majority, yesterday, to maintain the injunction that suspends the payment of the minimum wage for nursing. The votes of ministers Gilmar Mendes and Luiz Fux, following the opinion of the rapporteur, Luís Roberto Barroso, determined the score from 7 to 3 in favor of the suspension. The vote of the president of the STF, Minister Rosa Weber, is still missing.

Shortly after the decision in the STF, the president of the Federal Senate, Rodrigo Pacheco (PSD-MG), stated that he will meet with other party leaders with the objective of, “until Monday”, present “possible solutions” that guarantee funding sources so that public and private hospitals can pay the minimum remuneration for professionals in the sector.

“The position of the STF does not bury the national floor of nursing, but suspends it, something that the National Congress evidently did not want”, said Pacheco on his Twitter account. “If necessary, we will have a specific deliberative session to address the issue even during an election period. The issue remains a priority and the Congress’s commitment to nursing professionals remains firm,” said the senator.

The lack of definition of resources to pay the salary floor of the category is the main point of the current discussion on the subject. When the floor was approved, in July, through Law 14,434/22, Congress did not specify the source of funding for the measure, although there were discussions to that effect. Without defining the resources, entities in the health sector present to the STF a direct action of unconstitutionality against the law, which sets a floor of R$ 4,750 for nurses, R$ 3,325 for nursing technicians and R$ 2,375 for assistants and midwives.

In his vote, Justice Gilmar Mendes pointed out that, despite understanding that the defined values ​​are fair and compatible with the exercise of nursing activities, “one cannot lose sight of the possible perverse effects that the law, full of good intentions, can produce in practice”.


With the injunction granted by Minister Barroso, the payment of the floor is suspended until states, municipalities, the federal government and health entities analyze the financial impacts of the measure. The deadline for submitting the data is 60 days, from the date on which the rapporteur requests it.

This week, the National Confederation of Municipalities (CNM) presented a study evaluating that the application of the minimum wage may result in an expense of R$ 10.5 billion for city halls. Without defining a source of funding, municipal health agencies can lay off more than 35,000 workers, leaving millions of Brazilians without assistance.

For the executive director of the National Association of Private Hospitals (Anahp), Antônio Britto, the Supreme Court’s decision “creates a second opportunity for this matter to be discussed in the best possible way”.

Britto proposes the definition of three different incomes to cover the floor, according to each type of hospital. “In the case of philanthropic ones, it involves more resources paid by the SUS; in the case of public hospitals, probably some type of revenue transfer between the federal government, states and municipalities; for private hospitals, there is a consensus that the best formula is the exemption from payroll”, he suggested.

The president of the Union of Nurses of the Federal District (SindEnfermeiro-DF), Jorge Henrique, considers the action that is being processed in the STF to be unfortunate. “The maintenance of the floor is very important, because it is the recognition of the work of a category that is very active in the health of Brazil”, he said.

*Intern under the supervision of Odail Figueiredo

About Abhishek Pratap

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