Nursing floor: decision still faces impasses

Since the last day of the 19th, the issue has been analyzed in the Court’s virtual plenary, a judgment format in which votes are deposited on the court’s electronic page, without the need for a face-to-face session or videoconference. Despite the postponement, the individual decision of Minister Luís Roberto Barroso is in effect, which is in favor of payment with some conditions.

in force

On the 15th, Barroso revoked a decision suspending the floor. According to the minister’s decision, which is in force, in the states and municipalities the remuneration must be made within the limits of the amount transferred by the Union. In private units, the minister foresaw the possibility of collective bargaining, suspending a section of the law that prevented this procedure. The determination took place after the sanction of the law that allowed the federal government to transfer R$ 7.3 billion so that states and municipalities pay the new value to the category.

Entity representing the cities, the National Confederation of Municipalities (CNM) filed a manifestation with the STF signaling the need to re-examine the decision handed down by Minister Roberto Barroso. The Confederation alleges that there are inconsistencies in Ordinance No. 597 of the Ministry of Health, which provides for the distribution of federal resources, in addition to estimating that 65% of cities will receive insufficient resources to pay for the nursing floor. According to studies carried out by CNM, at the municipal level alone the financial impact of the measure will be around R$ 10.5 billion per year.

The lawyer specialist in health law and president of the Health Law Commission of the OAB/DF, Alexandra Moreschi, explains that the judicialization of the subject was due to the argument of the entities that there is no resource for the payment of the floor. It contextualizes that negotiations between the parties must continue in order to reach an agreement on resources. “It must be negotiated, throughout the year, even to maintain these values, so that this year is guaranteed, as it already is, but that for the next year these values ​​are maintained and increased. Of course, the real expenses are effectively proven, which will be determined as this amount is released”, she pondered.

Representatives of the category point out that, after a long battle for the approval of the floor, the time has come when it becomes valid as a form of recognition of the profession. Counselor Daniel Menezes, from the Federal Nursing Council (Cofen), explains the topic. “Every move that was made was legitimate, and now it is up to the Federal Government, through transfers by the Ministry of Health to the States and Municipalities, to equalize these values. This is our position, and we understand that from the month of June onwards, there will be no impediment for colleagues to start receiving the minimum amount”, he pointed out.

As established by law, the amount to be paid to nurses is R$ 4,750, technicians must receive 70% of this amount and assistants and midwives will have the corresponding to 50% of the floor.