Choose Flavia de Macedo Nolasco, of the ninth Federal Civil Courtroom of the Federal District Judicial Division, of the Federal District Courtroom of the First District (TRF1), determined {that a} doctor who labored within the Unified Well being System (SUS) through the pandemic is entitled to a deduction of $128,000 Brazilian reals on scholar debt.
The choice states that the Nationwide Fund for Schooling Growth (FNDE), Banco do Brasil and the federation will give 1% of the excellent steadiness to the Scholar Finance Fund (Fies) for every month it operates through the pandemic interval.
The physician, who skilled at a college in Presidente Prudente, within the inside of São Paulo, mentioned he filed the lawsuit after failing to acquire the low cost by way of the federal government portal FIES/MED. In line with him, the system displayed a message that he had hyperlinks to the Nationwide Registry of Well being Amenities (CNES) in groups accepted by this system.
Within the resolution, the decide cites Part 6-B of Legislation No. 10.260/2001, which states that medical doctors, nurses and different well being professionals who labored on SUS through the interval the well being emergency was in impact are entitled to a 1% discount within the steadiness Fies debited. “I’m verifying that the plaintiff meets the necessities required by regulation, as he has established that he labored as a front-line doctor to fight Covid-19 at SUS through the interval of the pandemic,” the decide wrote.
In dispute, the union argued that the dearth of regulation of the regulation by the FNDE prevented the applying from being analyzed in favor. Nonetheless, the decide cites an earlier resolution of the Twelfth Committee in TRF4, through which the decide in control of the report Ana Beatriz Vieira da Luz Palumbo argues that “lack of regulation can’t function a justification for denying a proper formally established by regulation and that it isn’t enforced solely due to an omission competent authorities for this goal.
For lawyer Danilo Machado, of the workplace of Machado & Costa, who’s in control of the process, the low cost given to the physician is a crucial victory. “This resolution can profit different well being professionals; resembling medical doctors, nurses, physiotherapists and pharmacists who’ve labored on the entrance strains of Covid-19, which is a excessive precedence space for public well being.”
The operation is underneath the quantity 1006185-51.2023.4.01.3400.