{"id":31514,"date":"2020-06-18T22:04:55","date_gmt":"2020-06-18T22:04:55","guid":{"rendered":"https:\/\/conectas.org\/?post_type=litigiopt&#038;p=31514"},"modified":"2021-05-20T15:04:36","modified_gmt":"2021-05-20T15:04:36","slug":"hiring-of-doctors-trained-abroad","status":"publish","type":"litigiopt","link":"https:\/\/conectas.org\/en\/litigiopt\/hiring-of-doctors-trained-abroad\/","title":{"rendered":"Hiring of doctors trained abroad"},"content":{"rendered":"<div class=\"tts_content_wrapper_1\" ><div id=\"attachment_29634\" style=\"width: 1034px\" class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-29634\" class=\"wp-image-29634 size-large\" src=\"https:\/\/conectas.org-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1024x683.jpeg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1024x683.jpeg 1024w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-966x644.jpeg 966w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-768x512.jpeg 768w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1536x1024.jpeg 1536w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-2048x1365.jpeg 2048w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-350x233.jpeg 350w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1152x768.jpeg 1152w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1620x1080.jpeg 1620w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Mais-me\u0301dicos_-Karina-Zambrana-ASCOMMS-1140x760.jpeg 1140w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><p id=\"caption-attachment-29634\" class=\"wp-caption-text\">Photo: Karina Zambrana\/Ascom-MS<\/p><\/div>\n<p><span style=\"font-weight: 400;\">In view of the failures and omissions of the federal authorities in controlling the Covid-19 pandemic, the responsibility for preventing further deaths has fallen on the health system and its professionals. But what happens in the territories and regions that do not have enough doctors?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Public Civil Action filed by the Federal Public Defender\u2019s Office is intended to allow health professionals trained abroad to be hired during the pandemic to rebalance the distribution of doctors across the country.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">On the other side of the case, the federal government and the Federal Council of Medicine have suggested, without any evidence, that foreign doctors are not qualified to work in Brazil and, therefore, that before they can be hired they need to pass the Revalida examination. At the time the case was filed, this examination had not been administered by the federal government since 2017.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Since it believes that this is an urgent matter, with major repercussions on the lives of millions of people, Conectas requested admission as an assistant to the plaintiff \u2013 a condition that would give it similar status in the case as the Federal Public Defender\u2019s Office.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In its request, the organization explained that <\/span><b>there is an unacceptable inequality in the distribution of health professionals in Brazil \u2013 and that the highest incidence of cases and deaths has been recorded precisely in places with less access to doctors and health facilities<\/b><span style=\"font-weight: 400;\">.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a precedent, it cites the Direct Action of Unconstitutionality No. 5035, which challenged the <\/span><i><span style=\"font-weight: 400;\">Mais M\u00e9dicos<\/span><\/i><span style=\"font-weight: 400;\"> (More Doctors) program. In November 2017, the Supreme Court refuted the arguments against the program and rejected the claim that the Constitution requires the validation of foreign medical diplomas.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Conectas also highlighted the need for emergency legal measures to address the situation caused by the pandemic and challenged the argument that these professionals are less qualified to work in the country. The organization cited as an example against this argument the publication of Provisional Executive Order No. 934 by the federal government, which permitted early graduation for medical students who have completed 75% of their coursework.\u00a0<\/span><\/p>\n<hr \/>\n<h2><b>Technical information<\/b><\/h2>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Case:\u00a0ACP 5007182-62.2020.4.03.6100<\/b>&nbsp;<\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Court:\u00a0<\/b><span style=\"font-weight: 400;\">Federal Court of S\u00e3o Paulo \u2013 25th Federal Civil Court<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Status:<\/b><span style=\"font-weight: 400;\">\u00a0Awaiting the trial court judgment and the decision on the request by Conectas.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Procedure:<\/b>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">6\/18\/20: Presentation of request for admission as an assistant to the plaintiff<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div><div class=\"tts__custom-position_bottom_fixed\" ><\/div>","protected":false},"featured_media":29634,"menu_order":0,"template":"","meta":{"ngg_post_thumbnail":0},"temaltigio":[12274],"categoria_litigio":[12976],"class_list":["post-31514","litigiopt","type-litigiopt","status-publish","has-post-thumbnail","hentry","temaltigio-democracy-and-human-rights-movement","categoria_litigio-litigation"],"acf":{"subtitle-pt":"Conectas requests authorization to hire health professionals without the need to validate their diplomas during the pandemic","noticias":{"noticia1":{"ID":30489,"post_author":"26","post_date":"2021-04-09 19:13:39","post_date_gmt":"2021-04-09 19:13:39","post_content":"<span style=\"font-weight: 400;\">As Brazil experiences its worst moment of the pandemic, with a shortage of health professionals and ICU capacity close to 100%, there is a contingent of more than 16,000 doctors who are available to work but who cannot be employed. They are doctors trained outside the country who cannot work in Brazil because they are waiting for their diplomas to be validated. What could be one of the solutions to prevent a collapse of the health system has met resistance by the slow response of the federal government.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The national exam to validate foreign medical diplomas, called Revalida, has two stages and is organized by INEP (National Educational Research Institute), a body of the Ministry of Education. Since the start of the pandemic, only the first stage - on theory - has been held, in December 2020. A 2019 law requires the test to be applied every six months, but this requirement has never been observed. No date has yet been set for the application of the second, practical, stage of the exam.\u00a0<\/span>\r\n\r\n<b>Read More:\u00a0<\/b><a href=\"https:\/\/conectas.org\/en\/noticias\/pandemic-the-impacts-of-preventing-doctors-trained-abroad-from-working-in-brazil\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"color: #0000ff;\"><b>The impacts of preventing doctors trained abroad from working in Brazil<\/b><\/span><\/a>\r\n\r\n<span style=\"font-weight: 400;\">Together with organizations such as Compassiva, the Caritas Archdioceses of S\u00e3o Paulo, the Center for the Treatment of Migrants (CAM), the Center for the Human Rights and Citizenship of Immigrants (CDHIC), the Migrations and Human Rights Institute (IMDH), Miss\u00e3o Paz and Vis\u00e3o Mundial, Conectas sent an <\/span><a href=\"https:\/\/conectas.org\/wp-content\/uploads\/2021\/04\/Ofi\u0301cio-Inep-2a-fase-Revalida-1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"color: #0000ff;\"><b>official letter<\/b><\/span><\/a><span style=\"font-weight: 400;\"> to INEP expressing concern over the schedule for holding the second stage of the exam and completing the validation process.\r\n<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Citing the 2020 Medical Demography in Brazil study, conducted by the School of Medicine of the University of S\u00e3o Paulo in December, the organizations point out that \u201cthe North and Northeast regions of Brazil have much lower ratios of doctors per inhabitant than the other regions of the country, and there are also medical deserts, or areas with no access to a doctor\u201d.\u00a0<\/span>\r\n\r\n<b>Getting around bureaucracy<\/b>\r\n\r\n<span style=\"font-weight: 400;\">\u201cSince March last year, three editions of Revalida should already have taken place, but not one has been completed,\u201d said Camila Asano, program director at Conectas. \u201cThere were more than 16,000 doctors trained abroad, including Brazilians and migrants, enrolled in the first stage of Revalida 2020, who would have made a huge difference saving lives in the current environment.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Asano mentioned some other measures that could be taken given the current emergency situation, such as the validation of medical diplomas on the Carolina Bori Platform of the Ministry of Education or by public universities. The reintegration of doctors who participated in the no-longer active Mais M\u00e9dicos (More Doctors) program and who remained in Brazil could also help alleviate the problem, following the example of the state government of Minas Gerais, which passed Law 23,799\/2021 in the state legislature permitting the exceptional and temporary hiring of former participants.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cOrganizations that monitor this problem closely, such as Compassiva, also suggest that state governments could do more to address the issue, like the government of Bahia, which published Decree 20,309\/2021 creating a program to support State Universities in the validation of diplomas,\u201d said Asano.\u00a0<\/span>\r\n\r\n<b>Shortage of doctors<\/b>\r\n\r\n<span style=\"font-weight: 400;\">Of the more than 16,000 people who sat the first stage of the Revalida exam, held in December, only 2,402 of them, from different cities across the country, were approved for the second stage. The registration fee, however, is a disincentive for participation. \u201cIt is essential for INEP not to establish any more obstacles for candidates to continue the process, such as the fee announced for the second stage of the exam, of more than R$3,000,\u201d said Asano. \u201cThe Revalida Law states that the cost shall be limited by the amount of the grant established for resident doctors. In other words, this amount serves as the cap, not the floor, and the Institute may charge a lower amount that is more consistent with the circumstances of the candidates.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Nevertheless, no date has yet been set for the second stage of the exam. Despite the justification by INEP that the pandemic has held up the schedule, Asano recalled that the last time the Revalida exam occurred was in 2017. Furthermore, since the second stage is practical, it could be applied following all the health and safety rules.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">INEP itself said it conducted a technical study concluding that the second stage can be held in hotels, schools and universities, but CAAFM (Advisory Commission on the Assessment of Medical Training), which is responsible for establishing the competencies tested by Revalida, opposed this possibility, insisting that the practical exam be held in hospital outpatient clinics when they less crowded. \u201cThe position of CAAFM ignores the urgency of the pandemic and the record daily deaths that we are seeing,\u201d said Asano.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cIt is important for INEP to include in the notice for the exam measures that prevent crowds, such as distancing, and the mandatory use of masks and hand hygiene, while making more cities and university and school buildings available with different rooms for the testing. But it must not use the pandemic as an excuse to further delay one of the solutions to resolve the shortage of doctors during the most serious and emergency phase of the pandemic in Brazil,\u201d she added.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u00a0<\/span>","post_title":"Amid a collapsing health system, doctors with foreign diplomas are prevented from working","post_excerpt":" More than 16,000 physicians come up against bureaucracy to practice their profession during the most serious phase of the pandemic in Brazil","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"amid-a-collapsing-health-system-doctors-with-foreign-diplomas-are-prevented-from-working","to_ping":"","pinged":"","post_modified":"2021-04-13 18:03:00","post_modified_gmt":"2021-04-13 18:03:00","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=30489","menu_order":40,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia2":{"ID":19910,"post_author":"2","post_date":"2020-02-04 15:14:21","post_date_gmt":"2020-02-04 15:14:21","post_content":"<span style=\"font-weight: 400;\">On Thursday, January 30, the Federal Public Defender\u2019s Office and Conectas jointly filed a Public Civil Action in the federal courts against a municipal law in the city of Boa Vista that restricts the treatment of migrants in public health clinics and children\u2019s hospitals.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The organizations are asking the courts to lift the restriction on foreigners established by the new municipal law under penalty of daily fines of R$100,000. Despite the request for urgency, the federal judge Bruno Hermes, of the 4th federal court, determined that the federal and municipal governments have 72 hours to analyze whether an injunction \u2013 provisional ruling \u2013 will be granted.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cMigrants and refugees who come to the state of Roraima usually find themselves in a situation of extreme social and economic vulnerability, and they unquestionably rely on the assistance of public services, in particular health and immigration services,\u201d reads the legal action.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cIn addition to being inhumane, the measure goes against the international duties assumed by Brazil and violates the new Migration Law approved on the federal level, which prohibits any discriminatory treatment by Brazilian public services,\u201d said Camila Asano, program coordinator at Conectas.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The Boa Vista municipal government, after being notified by civil society organizations about the unconstitutionality of the law, vetoed it through the Municipal Office of the Prosecutor-General. However, the City Council overturned the veto a few days later.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cThis measure goes against the humanitarian initiatives developed within the framework of <\/span><i><span style=\"font-weight: 400;\">Opera\u00e7\u00e3o Acolhida<\/span><\/i><span style=\"font-weight: 400;\"> [Operation Welcome] for Venezuelans,\u201d added Asano.<\/span>\r\n\r\n<b>About the Law<\/b>\r\n\r\n<span style=\"font-weight: 400;\">Boa Vista Municipal Law No. 2,074 was published on January 7, 2020. According to the text of the law, the justification is \u201cto ensure care for Brazilians in the services performed daily in the public health clinics and children\u2019s hospital in the municipality of Boa Vista\u201d.\u00a0\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The legislation also mentions \u201cregulating the maximum number of treatments for foreigners while costs that result in the effective loss by Brazilians of their right to health are not covered\u201d.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The law, which contains six articles, establishes that treatment of migrants may not exceed 50% of the medical services, tests and drugs provided by the public health system.<\/span>\r\n\r\n&nbsp;\r\n\r\n<strong><a href=\"https:\/\/conectas.org\/wp-content\/uploads\/2020\/02\/Inicial-ACP.-Proibi\u00e7\u00e3o-de-discrimina\u00e7\u00e3o.-Sa\u00fade.-Lei-Municipal.-VF-Assinado.pdf\">&gt;&gt;&gt; Read the Public Civil Action in full here<\/a><\/strong>\r\n\r\n<strong><a href=\"https:\/\/conectas.org\/wp-content\/uploads\/2020\/02\/lei_municipal_no2_074_2019_leg_ver.pdf\">&gt;&gt;&gt;\u00a0Read Law No. 2,074\/2020 and the veto by the Municipal Office of the Prosecutor-General here<\/a><\/strong>","post_title":"Organizations take legal action against law restricting access to healthcare by migrants in Boa Vista","post_excerpt":"Federal Public Defender\u2019s Office and Conectas file a Public Civil Action requesting a fine of R$100,000","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"19910-2","to_ping":"","pinged":"","post_modified":"2021-04-05 12:21:48","post_modified_gmt":"2021-04-05 12:21:48","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=19910","menu_order":1870,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia3":{"ID":23156,"post_author":"2","post_date":"2020-09-04 16:22:41","post_date_gmt":"2020-09-04 16:22:41","post_content":"<span style=\"font-weight: 400;\">Organizations that work on the defense of the rights of migrants, including Caritas Brazil, sent a letter on Thursday, September 3, to Inep (An\u00edsio Teixeira National Educational Research and Study Institute), a body of the Ministry of Education, calling for the publication of the public notice announcing the Revalida examination to be brought forward to September.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The staging of a national examination, the purpose of which is to validate the medical diplomas of doctors issued by foreign teaching institutions, had been announced by the ministry for October but was later postponed to December 6th.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The civil society organizations argue that the examination should be held as quickly as possible given the <\/span><a href=\"https:\/\/conectas.org\/noticias\/pandemia-os-impactos-de-se-impedir-a-atuacao-de-medicos-formados-no-exterior\" target=\"_blank\" rel=\"noopener noreferrer\"><strong><span style=\"color: #0000ff;\"><span style=\"text-decoration: underline;\">shortage of doctors in various regions of the country<\/span><\/span><\/strong><\/a><span style=\"font-weight: 400;\"> in the midst of the health crisis experienced in the country. The last Revalida examination, which is supposed to be annual, <\/span><b>was held in 2017<\/b><span style=\"font-weight: 400;\">.\u00a0<\/span>\r\n\r\n<b>\u201cMais Revalida\u201d<\/b>\r\n\r\n<span style=\"font-weight: 400;\">Given the delays in staging the examination process, a private organization called the \u201cNational Institute for the Validation of Foreign Education\u201d announced the administration of an exam called \u201cMais Revalida\u201d, for the purpose of validating<\/span> <span style=\"font-weight: 400;\">medical diplomas.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The public notice for this exam caused some confusion among the candidates who thought it was the official examination organized by Inep.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cMais Revalida\u201d is in no way connected to the Revalida examination \u2013 despite having the same name \u2013 and registration is 167% more expensive than the price charged to sit the examination by the public institute in 2017.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">In view of the government\u2019s silence, the organizations are also asking the Ministry of Education to officially clarify that these are different tests.\u00a0<\/span>\r\n<ul>\r\n \t<li style=\"font-weight: 400;\"><a href=\"https:\/\/conectas.org\/wp-content\/uploads\/2020\/09\/Breve-1-Marina-Carta_Sociedade_Civil_Revalida_03set2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"text-decoration: underline; color: #0000ff;\"><b>Read the letter in full here<\/b><\/span><\/a><\/li>\r\n<\/ul>","post_title":"Organizations call for Revalida examination notice to be published in September","post_excerpt":"The national test to validate foreign medical diplomas, scheduled for December, has not been held for 3 years","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"organizations-call-for-revalida-examination-notice-to-be-published-in-september","to_ping":"","pinged":"","post_modified":"2021-04-01 14:18:31","post_modified_gmt":"2021-04-01 14:18:31","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=23156","menu_order":1515,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"}},"links_para_referencia":[{"titulo-referencia":"Application for admission as an active litisconsorcial assistant","arquivo_referencia":{"ID":29637,"id":29637,"title":"Peti\u2021\u00c6o de Ingresso - Assistente Litisconsorcial - vf","filename":"Peti\u2021AEo-de-Ingresso-Assistente-Litisconsorcial-vf.pdf","filesize":2195865,"url":"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Peti\u2021AEo-de-Ingresso-Assistente-Litisconsorcial-vf.pdf","link":"https:\/\/conectas.org\/en\/litigiopt\/hiring-of-doctors-trained-abroad\/peti%e2%80%a1aeo-de-ingresso-assistente-litisconsorcial-vf-2\/","alt":"","author":"26","description":"","caption":"","name":"peti%e2%80%a1aeo-de-ingresso-assistente-litisconsorcial-vf-2","status":"inherit","uploaded_to":31514,"date":"2021-03-31 22:04:28","modified":"2021-05-11 14:38:33","menu_order":0,"mime_type":"application\/pdf","type":"application","subtype":"pdf","icon":"https:\/\/conectas.org\/wp-includes\/images\/media\/document.png"},"link_externo":""}]},"yoast":{"focuskw":"","title":"","metadesc":"","linkdex":"","metakeywords":"","meta-robots-noindex":"","meta-robots-nofollow":"","meta-robots-adv":"","canonical":"","redirect":"","opengraph-title":"","opengraph-description":"","opengraph-image":"","twitter-title":"","twitter-description":"","twitter-image":""},"_links":{"self":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt\/31514","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt"}],"about":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/types\/litigiopt"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media\/29634"}],"wp:attachment":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media?parent=31514"}],"wp:term":[{"taxonomy":"temaltigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/temaltigio?post=31514"},{"taxonomy":"categoria_litigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/categoria_litigio?post=31514"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}