The Federal Supreme Court (STF) formed the score of 5 votes to 3 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.
On September 4, the minister granted the request for an injunction 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. The trial began on Friday (9) and is scheduled to end on Friday (16).
Until 9 pm this Monday (12), in addition to Barroso, ministers Ricardo Lewandowski, Cármen Lúcia, Alexandre de Moraes, Dias Toffoli voted to maintain the suspension.
Ministers Nunes Marques, André Mendonça and Edson Fachin were in favor of overturning the injunction.
Missing votes are the president of the STF, Rosa Weber, and ministers Luiz Fux and Gilmar Mendes.
Sanctioned by President Jair Bolsonaro, Law 14.434/2022 instituted 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 said that the decision was taken that a source of funds is needed to make the payment of the minimum wage viable. 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.
Among the possibilities of financing the floor are the correction of the values of the SUS table, the exemption of the payroll of the health sector and the compensation of the debts of the states with the Union.