Programa mais médicos: natureza jurídica

Abstract

The Federal Government´s Program “Programa Mais Médicos”, established by the Law nº 12.871/2013, created a sui generis legal relationship between the program´s enrolled physicians and the Government, because it is not consistent with the Brazilian Constitution and legislation. To study this relationship, it was necessary to thoroughly research the Program´s legal literature and its legislation, as well as to performe a comparative study with other labor and administrative relations and with another Program, in this case, the “Programa Saúde da Família” Program, thus completing a wide literary research. Initally, the best-known labor relations were studied to be compared with the Program´s enrolled physicians situation. In this passage, the labor principles were also analyzed. Then, the analysis of the program was followed by the study of labor relations within the public administration, dominated by the administrative nature. In this tune, all of the “Programa Mais Médicos” legislation was analyzed and, soon after, it was compared to the Program´s “Programa Saúde da Família” legislation, at which point observations were made concerning the differences and similarities between the two programs. Finally, critics regarding the examined Program were made, and solutions were proposed to its listed problems. This study was concluded by regarding the Program´s hybrid or mixed nature that involves labor and administrative law. In its conclusion, the study also notes the fact that the Program “Programa Mais Médicos” does not respect various rights (additional vacation wages, 13th salary, FGTS, etc.) of both workers hired by the Private Law´s regime (labor) as well as the Public Law´s regime (administrative).