STF judges obligation of rest room for nurses in São Paulo

The Federal Supreme Court (STF) began, this Thursday (9), the judgment on the legality of a law in São Paulo that obliges public and private hospitals in the state to provide a rest room for nurses, technicians and nursing assistants . So far, the voting score is 2 votes to 1 for the suspension of the law. After the votes of three ministers, the session was closed and will resume on Wednesday (22). The case is being judged based on a lawsuit filed by the National Health Confederation (CNSaúde), an entity that represents private hospitals. Among the reasons presented, CNSaúde alleged the unconstitutionality of the norm for invading the competence of the Union to legislate on obligations for employers. Law 17,234 was sanctioned on January 3, 2020 by then Governor Rodrigo Garcia and determines the creation of so-called decompression rooms, spaces for professionals to rest after carrying out emergency care. During the trial, Minister Edson Fachin, the case’s rapporteur, voted to maintain the validity of the law. In Fachin’s understanding, the São Paulo Assembly can legislate on the matter, as it does not deal with the work regime, a matter of competence of the Union. “It is a question of establishing a duty to maintain a space reserved for employees to decompress, a measure that meets the National Policy for the Promotion of Occupational Health, which is consistent with the Constitution”, said the minister. Then, Minister Alexandre de Moraes opened the divergence and understood that the law is unconstitutional. For the minister, it is up to the federal Legislature to create the rules, even in the case of nurses in public hospitals. “The law initiative to regulate the relationship of its own servants belongs to the state governor, not to the congressman, whether we like it or not”, he argued. The understanding was followed by Minister André Mendonça.

Agência Brasil