" More Doctors " : professional overseas graduates who do not work in the country can participate in the program



The federal judge Souza Prudente assured , last Friday, August 30 , the right of 11 medical graduates abroad but resident in Brazil , to participate in the Program More Doctors for Brazil , the Ministry of Health 's decision results from judgment interlocutory appeal brought against the decision of the Professional 7 . Federal Court of the Judiciary Section of the Federal District , which denied the request of physicians to enroll in the Project.



The decision of the first degree was based on selection edict Program ( Notice 39, dated July 8, 2013 ) , which establishes, among the criteria for participation , the country of origin of the medical professional must have the statistical physician / person with index greater than or equal to 1.8 / 1000 , as statistical ideal of the World Health Organization ( WHO ) . The judge held that that criterion , right or wrong , is objective and is addressed to all without distinction . Also stated that in cases like this involving many stakeholders , each with some particularity , it is impossible to define an infallible criterion that meets the interests of all participants .



The appellants argued that the limitation imposed in the notice would not apply to them because , although they have trained abroad , not professional in their countries , why not reduce the number of doctors in those nations with their participation in the " More doctors " .



For the rapporteur of the case , federal Judge Souza Prudente , the doctors in question are not , in fact , be subject to the limitation questioned therefore not currently exercising their professions in countries where they graduated , their participation in the program would not characterize any decrease effective professionals in those localities . So , would not be characterized any violation of the WHO recommendation on the setting of the minimum level of 1.8 physician per thousand residents, whose purpose is to prevent nations with fewer doctors these professionals fall prey to other more quantitative .



" Moreover , the desired participation of aggravating finds shelter in the constitutional guarantee of fundamental and pervasive health of all , as a duty of the State , responsible for ensuring this fundamental right by social and economic policies aimed at reducing the risk of disease and other hazards and universal and egalitarian access to actions and services for its promotion, protection and recovery ( CF , arts. 5 . , caput , and 196 ) , there is no justification for limiting the participation of doctors drying recurring in the Program More physicians for Brazil , " the magistrate ruled .



Souza Prudente granted the request of physicians to ensure the participation of professionals in the program , regardless of compliance with the limitation questioned , without, however , causing prejudice to compliance with the other requirements stipulated by the edict . Procedure : Interlocutory instrument n . º 0051216-78.2013.4.01.0000



Source : Federal Court of the 1st Region

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