The STF judges the obligation of the rest room for nurses in São Paulo
The voting result is 2 votes against 1 for the suspension of the law that obliges public and private hospitals to offer rest; Voting resumes on the 22nd
O Federal Court of Justice (STF) began, this Thursday, the 9th, the trial on the legality of a law of São Paulo which forces public and private hospitals in the state to provide a rest room for nurses, nursing technicians and assistants nursing. So far the voting result is 2 votes to 1 for the suspension of the law. After the votes of the three ministers, the session was closed and will resume on Wednesday, the 22nd. The case is being judged on the basis of the lawsuit filed by the National Confederation of Health (CNSaúde), an entity that represents private hospitals. Among the reasons presented, CNSaúde claimed the unconstitutionality of the norm for violating the competence of the Union to legislate on obligations for employers. Law 17,234 was signed into law on January 3, 2020 by then-Gov. Rodrigo Garcia and determines the creation of so-called decompression rooms, spaces for professionals to rest after performing emergency care. During the trial, the minister Edson Fachin, relator of the case, voted to maintain the validity of the law. In Fachin’s sense, the Sao Paulo Assembly can legislate on this matter, since it does not deal with the labor regime, a matter of Union competence.
“It is about establishing the duty to preserve a space reserved for employees to decompress, this measure complements the National Policy for the Promotion of Health at Work, which is in accordance with the Constitution,” said the minister. Then the minister Alexandre de Moraes opened the divergence and realized 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 initiative of the law to regulate the relations of its servants belongs to the governor of the state, not to the congressman, whether we like it or not”, he argued. The understanding was followed by Minister André Mendonça.
*With information from Agência Brasil