The Federal Supreme Court (STF), by unanimous decision, recognized the compatibility of the law that instituted the salary floor and the working hours of physicians, dentists and their assistants with the Constitution Federal. The decision brings about the freezing of the salary levels that should be calculated based on the minimum wage in effect on the date of publication of the minutes of the judgment session.
The proposal was initiated by the National Confederation of Health, Hospitals, Establishments and Services (CNS) against provisions of Federal Law 3,999/1961, which established the salary floors of these categories in multiples of minimum wage.
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The norm would not have been accepted by the Federal Constitution of 1988, which prohibited the use of the minimum wage for any purpose, according to the entity. Thus, by instituting a special working day for physicians and dentists and their assistants, the space for conformation of labor rights would have been invaded.
Appropriate criterion
The rapporteur, Justice Rosa Weber, voted for the partial merits of the action and explained that the prohibition of binding to the minimum wage aims to prevent its use as an economic indexing factor, thus avoiding the spiral would inflate.
However, Rosa Weber explained that the STF has understood that the text of the Constitution does not prohibit the use of the minimum wage as a paradigmatic reference. The Court began to recognize the use of multiples of the minimum wage as an appropriate criterion for the fixing of the salary floor of a certain professional category from the judgment of the Extraordinary Appeal (RE) 565714.
Calculation basis
With the objective of establishing criteria for the application of Law 4.950-A/1966, which preserves the salary level and removes automatic updating based on the minimum wage, Rosa Weber made a proposed interpretation aimed at putting an end to the freezing of the calculation base at the value of the minimum wage in effect on the date on which the minutes of the ADPF judgment session were published. This was the criterion adopted in the judgment of ADPFs 53, 149 and 171, which addressed the minimum wage for engineering, chemical, architecture, agronomy and veterinary professionals.
“The adoption of the criterion for freezing the calculation basis has the advantage of preserving the remuneration standard defined by the legislator without violating the constitutional clause that prohibits the indexation of prices to the minimum wage”, highlighted.
workday
Minister Rosa Weber considered that the law was enacted by the Union within its exclusive competence to provide for the rules of labor law.
Rosa Weber said that the jurisprudence adopted by the Court considers the stipulation of a special day compatible with the Federal Constitution, provided that the peculiarities and conditions to which they are subject in the performance of their activities are considered professionals.
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