Work relations of the doctors in the project “more doctors to brazil”

Authors

  • Elaine Cristina Soares UENP
  • Marcos César Botelho UENP

DOI:

https://doi.org/10.5433/1980-511X.2016v11n3p189

Keywords:

“Project More Doctors for Brazil”, Working Relationships, Employment relationships, Legal Relationships.

Abstract

This paper studies the legal relationships created by the law 12.871/2.013 that instituted the program “Mais Médicos para o Brasil”, which translates to “more medics or doctors for Brazil”. This program allows Brazilian and foreign doctors to practice medicine in the Brazilian territory and allows for the possible legal relationship ?s framework of physicians as an employment relationship. The law 12.871/2.013 disciplined the practice of medicine by the program ?s doctors and is acknowledged as a “teaching and research activity” that has a “care component by teaching and service integration”. However, when analyzing this legal relationship, the answer is as clear as day and therefore, it is in reality a factual relationship that is already disciplined by the law. Furthermore, it corresponds to an employment relationship, which assimilates the legal and employment relationship and uses the fundamental basis of the general theory of the labor law under the prism of the principles of the “contract- reality” and the “most beneficial norm to the worker”. Besides being a fundamental right of the worker and, as such, finds support in the Brazilian Federal Constitution and in international norms, prevailing over the infraconstitutional norms and is basically a new legal figure distinct from the labor relations already regulated by the CLT.

Downloads

Download data is not yet available.

Author Biographies

Elaine Cristina Soares, UENP

Lawyer. Bachelor's degree in law from the State University of Londrina. Specialist in "Labor Law and Labor Procedural Law at Arthur Thomas College in Londrina. Master's Degree in Juridical Science from the State University of Northern Paraná. University professor. Member of the research group GP- CERTOS (Research Group on Constitution, Education, Labor Relations and Social Organizations) of UENP.

Marcos César Botelho, UENP

Doctor of Constitutional Law in the program of the Institution Toledo de Ensino / Bauru-SP (2011). Master in Constitutional Law by the Brazilian Institute of Public Law (2008). He is also a lawyer for the union - Advocacy General of the Union, which is held at the Federal District Attorney's Office in Campinas / SP. Adjunct Professor at the State University of Northern Paraná (UENP). Professor of the Postgraduate Program stricto senso - master's degree in Law, UENP. Professor at the Faculty of Law of Jaú / SP.

Published

2016-12-23

How to Cite

Soares, E. C., & Botelho, M. C. (2016). Work relations of the doctors in the project “more doctors to brazil”. Revista Do Direito Público, 11(3), 189–223. https://doi.org/10.5433/1980-511X.2016v11n3p189

Issue

Section

Artigos