A gestão dos hospitais universitários pela EBSERH e a dualidade de regimes jurídicos de trabalho no Hospital Universitário Professor Alberto Antunes (HUPAA)

Abstract

The contracting of the Brazilian Hospital Services Company by the Federal University of Alagoas (UFAL) to manage the Prof. Alberto Antunes University Hospital (HUPAA) led to the emergence of different working relationships, governed by different legal regimes, performing the same function. This situation was a consequence of the various changes brought about by the Administrative Reforms that the Brazilian Public Administration underwent, from the implementation of a classic bureaucracy, replacing patrimonialism, to the Managerial Reform that took place in the 1990s. The Managerial Reform introduced a constitutional principle to Public Administration, the principle of efficiency, which led to the search for an administration that was not only efficient, but also effective, always considering the cost-benefit ratio. It caused major structural changes, such as the transfer of the management of public affairs to private law entities. The concern to reduce state spending has led to a reduction in the workforce, leading to precarious labor relations. The Federal Higher Education Institutions (IFES) and the university hospitals linked to them have suffered all the repercussions of the changes brought about by the reforms, such as underfunding, the failure to hold public tenders, as well as the inclusion of hospitals in the Unified Health System (SUS) network, which has increased the demand on hospitals, exacerbating the crisis. Some strategies were created to restructure the public higher education institutions. One of them was the creation of the Program to Support Restructuring and Expansion Plans for Federal Universities (REUNI) and later the National Program to Restructure Federal University Hospitals (REHUF), which led to the creation of EBSERH. UFAL hired EBSERH to manage HUPAA in 2014, and formed the staff with public employees governed by the Consolidation of Labor Laws and public servants governed by the Single Legal Regime. The study uses legal methodology, with a descriptive method and bibliographical and documentary research leading the work. The precariousness of work is observed with the hiring of EBSERH to manage HUPAA, while jobs that were occupied by statutory employees are being replaced by celetista employees, with a more fragile legal regime.