The Federal Supreme Court (STF) scheduled for Friday (23) the start of the trial on the release of payment of the national nursing floor. The action on the subject will be judged in the virtual plenary, in an open session until 23:59 on June 30. The payment of the floor was released in May by the rapporteur, Minister Luís Roberto Barroso, through the application of a series of specifications and conditions. Now, the other ministers judge whether or not to endorse this decision. The case began to be judged in May, with the votes of Barroso and Edson Fachin. A request for a review (more time for analysis) by Gilmar Mendes, however, postponed the outcome. An attempt to resume was made on June 16, when Gilmar Mendes presented a jointly signed vote with Barroso, an unprecedented act in the Supreme Court. However, a new view requested by Dias Toffoli again prevented the continuation of the analysis. An internal seam allowed the case to return to the agenda this Friday (23), which makes it possible for a decision to be taken before the July recess in the Judiciary, unless there is a new view or request for emphasis, which would refer the action for in-person deliberation at the physical plenary. Understand The payment of the floor was suspended by the Supreme Court last year, after the measure was approved in Congress and sanctioned by former President Jair Bolsonaro. The justification for the suspension was that the legislation did not provide for a source of funding for payments, directly affecting the budget of municipalities and states, for example. By Barroso’s decision that released the payment, states and municipalities must pay the national nursing floor within the limits of the amounts they receive from the federal government. The order was issued after President Luiz Inácio Lula da Silva sanctioned the opening of a special credit of R$ 7.3 billion for the payment of the floor. According to the federative units, however, the impact on local accounts is R$ 10.5 billion, more than expected to supplement the payment. By the new joint vote presented by Barroso and Mendes, in case of eventual insufficiency of federal resources, the Union will be able to open supplementary credit through the allocation of parliamentary amendments destined to health. In the case of the private sector, the joint vote proposes a period of 60 days for companies and unions to conduct collective negotiations that make the minimum value more flexible. Such a measure aims to maintain jobs, justified Barroso and Mendes, and provides for “reasonable time” for an eventual easing of the value. The new floor for nurses hired under the Consolidation of Labor Laws (CLT) regime is BRL 4,750, as defined by Law nº 14,434. Nursing technicians receive at least 70% of this amount (R$ 3,325) and nursing assistants and midwives, 50% (R$ 2,375). The floor applies to workers in the public and private sectors.
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