01/17/2024 – 22:06
Judge Rodrigo Machado Coutinho, of the Sixth Federal Court of Porto Alegre, decided, on January 8, that a doctor from the capital is entitled to a monthly discount of 1% on his student financing contract because of his work in the Unified Health System. Health (SUS) during the Covid-19 pandemic.
To obtain this right, the professional filed a lawsuit against the Union, Caixa Econômica Federal and the National Education Development Fund (FNDE). He said he worked for 12 months at the Hospital das Clínicas in Curitiba, being part of the front line in the fight against Covid-19, and because of his work, he was allowed to have his debt in the Higher Education Student Financing Fund (Fies ) amortized by 1% each month over a year.
The FNDE, which is responsible for Fies, contested the doctor's request. The federal body said that prior analysis by the Ministry of Health is required to grant the benefit. In this sense, the FNDE is not responsible for validating the documents.
In turn, Caixa Econômica Federal said that its role is simply to be the financial agent for Fies, and that, therefore, the request for debt relief must be made directly to the FNDE.
The Union argued that the applicant worked between March and December 2020. Therefore, in the Union's understanding, the recognition of any right beyond this period is not legally legal.
In analyzing the case, the responsible magistrate observed Law No. 14,024 of 2020. This legislation stipulates the validity of the benefit from March 2020, and this limited the doctor's period of activity to ten months, from March to December of this year. .
Furthermore, the law still imposes the need for a period of six months of work before the benefit is granted. In this way, the judge verified that the doctor would be entitled to a monthly reduction of 1% of his Fies contract only in the period from September to December 2020.
Finally, the judge decided that the action is partially valid and ordered the defendants to recalculate the doctor's outstanding balance, as well as update their situation with the benefit. There is still an appeal to the Federal Regional Court of the 4th Region.
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