The Supreme Federal Court (STF) maintained by 8 votes to 1 the law that created the National Salary Floor for Teachers, set at R$ 1,187.97 for this year. The current value is R$ 1,187.97 for a 40-hour week, considering the basic remuneration as the floor, without additional amounts paid differently by the states.
The ministers of the Supreme Federal Court (STF) declared the constitutionality of Law 11,738/2008, regarding the national floor – basic salary – for public basic education teachers. Subsequently, the session was suspended to define the constitutionality of the provision on workload distribution.
The decision was made on Wednesday afternoon (6th), in the judgment of Direct Action of Unconstitutionality (ADI) 4167, filed with the Court by the governments of the states of Mato Grosso do Sul, Paraná, Santa Catarina, Rio Grande do Sul, and Ceará. (Source: Supreme Federal Court)
Presidency of the Republic
Civil House
Sub-chef for Legal Affairs
LAW Nº 11,738, OF JULY 16, 2008.
Veto Message
Regulates item “e” of subsection III of the main article of Article 60 of the Transitional Constitutional Provisions Act, to establish the national professional salary floor for public basic education teaching professionals.
THE PRESIDENT OF THE REPUBLIC hereby makes known that the National Congress decrees and I sanction the following Law:
Art. 1. This Law regulates the national professional salary floor for public basic education teaching professionals referred to in item “e” of subsection III of the main article of Article 60 of the Transitional Constitutional Provisions Act.
Art. 2. The national professional salary floor for public basic education teaching professionals shall be R$ 950.00 (nine hundred and fifty reais) per month, for those with a high school education, Normal modality, as provided for in Article 62 of Law No. 9,394, of December 20, 1996, which establishes the guidelines and bases of national education.
§ 1. The national professional salary floor is the amount below which the Union, States, Federal District, and Municipalities may not set the initial salary for public basic education teaching careers, for a maximum workload of 40 (forty) hours per week.
§ 2. Public basic education teaching professionals are understood to be those who perform teaching activities or pedagogical support activities for teaching, i.e., direction or administration, planning, inspection, supervision, guidance, and educational coordination, carried out within basic education school units, in their various stages and modalities, with the minimum training determined by federal legislation on the guidelines and bases of national education.
§ 3. Initial salaries for other work schedules shall be, at a minimum, proportional to the amount mentioned in the main article of this article.
§ 4. In the composition of the work schedule, the maximum limit of 2/3 (two-thirds) of the workload shall be observed for the performance of activities involving interaction with students.
§ 5. The provisions relating to the salary floor covered by this Law shall apply to all retirements and pensions of public basic education teaching professionals covered by Article 7 of Constitutional Amendment No. 41, of December 19, 2003, and by Constitutional Amendment No. 47, of July 5, 2005.
Art. 3. The amount referred to in Article 2 of this Law shall take effect from January 1, 2008, and its full implementation, as the initial salary for public basic education teaching careers, by the Union, States, Federal District, and Municipalities, shall be done progressively and proportionally, observing the following:
I – (VETOED);
II – as of January 1, 2009, an increase of 2/3 (two-thirds) of the difference between the amount referred to in Article 2 of this Law, updated as per Article 5 of this Law, and the current initial career salary;
III – the full implementation of the amount referred to in Article 2 of this Law, updated as per Article 5 of this Law, shall occur as of January 1, 2010, with the addition of the remaining difference.
§ 1. The full implementation referred to in the main article of this article may be anticipated at any time by the Union, States, Federal District, and Municipalities.
§ 2. Until December 31, 2009, it will be admitted that the national professional salary floor includes pecuniary advantages, paid for any reason, in cases where the application of the provisions of this article results in an amount lower than that referred to in Article 2 of this Law, with the advantages of those who receive amounts above those referred to in this Law being safeguarded.
Art. 4. The Union shall supplement, in accordance with and within the limits of subsection VI of the main article of Article 60 of the Transitional Constitutional Provisions Act and by regulation, the full implementation referred to in Article 3 of this Law, in cases where the federative entity, considering resources constitutionally linked to education, does not have budgetary availability to meet the established amount.
§ 1. The federative entity shall justify its need and inability, sending a reasoned request to the Ministry of Education, accompanied by a cost breakdown proving the need for the complementation referred to in the main article of this article.
§ 2. The Union shall be responsible for technically cooperating with the federative entity that cannot guarantee the payment of the floor, so as to advise it in planning and improving the application of its resources.
Art. 5. The national professional salary floor for public basic education teaching professionals shall be updated annually, in January, starting from the year 2009.
Sole paragraph. The update referred to in the main article of this article shall be calculated using the same percentage of growth of the minimum annual amount per student for the initial years of urban elementary education, defined nationally, in accordance with Law No. 11,494, of June 20, 2007.
Art. 6. The Union, States, Federal District, and Municipalities shall prepare or adapt their Teaching Career and Remuneration Plans by December 31, 2009, with a view to complying with the national professional salary floor for public basic education teaching professionals, as provided for in the sole paragraph of Article 206 of the Federal Constitution.
Art. 7. (VETOED)
Art. 8. This Law enters into force on the date of its publication.
Brasília, July 16, 2008; 187th year of Independence and 120th year of the Republic.
LUIZ INÁCIO LULA DA SILVA
Tarso Genro
Nelson Machado
Fernando Haddad
Paulo Bernardo Silva
José Múcio Monteiro Filho
José Antonio Dias Toffoli
This text does not substitute the one published in the DOU of 07.17.2008
