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

• Autor(a) principal: Soares, Elaine Cristina
• Data de Publicação: 2016
• Outros Autores: Botelho, Marcos César
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/24629
• topic: “Project More Doctors for Brazil”; Working Relationships; Employment relationships; Legal Relationships.; Projeto Mais Médicos para o Brasil; Relação de Trabalho; Relação de Emprego; Relação Jurídica.

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.