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September 15, 2022
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Majority of the STF maintains suspension of the nursing floor

Majority of the STF maintains suspension of the nursing floor

The majority of the ministers of the Federal Supreme Court (STF) voted today (15) to maintain the decision of minister Luís Roberto Barroso that suspended the salary floor for nursing. The virtual trial continues for the other votes to be taken. Majority of the STF maintains suspension of the nursing floor

With the vote of Minister Gilmar Mendes, a majority (6 votes to 3) was formed for suspension. The votes of Luiz Fux and the president, Rosa Weber, are missing. The virtual trial began on Friday (9) and will end tomorrow (16).

On September 4, Barroso granted an injunction request made by the National Confederation of Health, Hospitals and Establishments and Services (CNSaúde) and granted a period of 60 days for those involved in the matter to find solutions to guarantee payment.

After the decision, the case was taken to the referendum of the other ministers of the Court in the virtual plenary, a type of voting in which the votes are entered in an electronic system and there is no face-to-face deliberation.

In addition to Barroso, ministers Ricardo Lewandowski, Cármen Lúcia, Alexandre de Moraes, Dias Toffoli and Gilmar Mendes voted to maintain the suspension.

Ministers Nunes Marques, André Mendonça and Edson Fachin were in favor of overturning the injunction.

Enacted by President Jair Bolsonaro, Law 14,434/2022 established the national salary floor for nurses, nursing technicians, nursing assistants and midwives. For nurses, the expected floor is R$ 4,750. For technicians, the value corresponds to 70% of the floor, while assistants and midwives will be entitled to 50%.

Last week, Barroso stated that the decision was taken because a source of funds is needed to make the payment of the minimum wage possible. The minister said that he is in favor of the minimum wage for nursing, but accepted the suspension in view of the risk of immediate non-compliance with the law.

According to the minister, private hospitals were carrying out early layoffs. In addition, social works, Santas Casas and City Halls reported that they do not have the resources to pay the floor.

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