Health professionals ask that the Court’s approval follow the entirety of the current nursing floor law
Nurses and nursing technicians from the Federal District are meeting this Monday (July 3, 2023) at the Esplanada dos Ministérios against the nursing floor approvedwith reservations, by the STF (Federal Supreme Court) on Friday (June 30).
Health professionals ask the STF to follow the entirety of the current nursing floor law (11,434 of 2022). Court justices Edson Fachin and Rosa Weber argued that the settlement should be made according to the law in force.
Minister Dias Toffoli, on the other hand, determined that workers in the private sector receive the minimum wage respecting the rules of each state and through negotiation between employers and workers. The vote was accompanied by ministers Alexandre de Moraes, Luiz Fux and Nunes Marques.
Here is the result of the vote:
- 4 voted for collective bargaining in the private sector: Roberto Barroso (rapporteur), Gilmar Mendes, Cármen Lúcia and André Mendonça;
- two voted for the immediate payment of the floor for all categories: Edson Fachin and Rosa Weber; It is
- 4 voted for the regionalization of the floor payment: Dias Toffoli, Alexandre de Moraes, Luiz Fux and Nunes Marques.
“The judgment of the STF imposes an interpretation of the law that removes some rights conquered by Law 14,434, which is the floor law. We are pressuring the STF to apply the law in full”said the president of the Union of Nurses of the Federal District, Jorge Henrique, to the Power360.
CONFUSION
A man was knocked down by military police after he refused to clear the road on the morning of the demonstration. The video was shared on social media (watch it below).
In a note, the PM-DF (Military Police of the Federal District) said that the protester incited other people to obstruct life. He was allegedly taken to the police station and charged with contempt and disobedience.
“It should be noted that the detainee does not belong to any nursing staff and is a resident of the State of RN”says the PM-DF note.
Watch (1min38s):
PROPOSAL HISTORY
- Approvestion in the National Congress – on July 14, 2022, Congress promulgated the PEC (Proposal for Amendment to the Constitution) which made the basic salary of BRL 4,750 for nurses constitutional (PEC 11 of 2022). The measure was taken to presidential sanction without the source of financing being defined;
- Bolsonaro sanctions law – on August 4, 2022, then-president Jair Bolsonaro sanctioned the wage floor with vetoes. The former president vetoed the article that determined the updating of the floor based on the INPC (National Consumer Price Index);
- Theme reaches the Supreme Court – still in August, CNSaúde filed an ADI (Direct Action of Unconstitutionality) in the Supreme Court questioning provisions of the law and claiming that there would be damage to the private sector. The case was distributed, by lot, to Minister Roberto Barroso;
- floor suspension – on September 4, 2022, Barroso determined the suspension of the salary floor and asked the federal government, states, the Federal District and sector entities to provide information about the financial impact of the Law; the decision was countersigned by the Court by 7 votes on September 16;
- New constitutional amendment – on December 23, 2022, the National Congress published a new amendment to the Constitution that stipulates that the Union will help states and municipalities to pay the new floor;
- Nursing floor PLN – on April 26 of this year, Congress approved the bill of the National Congress sent by Plateau About the subject. The proposal released R$ 7.3 billion from public coffers to the Ministry of Health and allows the payment of the basic salary of R$ 4,750 for nurses, R$ 3,325 for nursing technicians and R$ 2,375 for nursing assistants and midwives;
- sum is sanctioned – President Lula sanctionedon May 12, the measure approvesby the Legislature;
- floor is reinstated – on May 15, Barroso reestablished the salary floor by means of an injunction (provisional) decision.
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