O sistema constitucional assimétrico de saúde no Brasil : pradigmas para a construção de um modelo democrático / The asymetrical constitutional system of health in Brazil: paradigms for construction of a democratic model

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

21/11/2011

RESUMO

This study aims to analyze the asymmetrical constitutional health care system in Brazil within a contemporary constitutionalism design, focused on social, political and legal aspects, as well as to propose new paradigms for the effective implementation of the Brazilian Unified Health Care System (SUS) institutional model. It also intends to identify the constitutional treatment given to health as a fundamental right, trying to understand how the Constitution responds to the citizens social needs and vagaries in order to strengthen the exercise of democracy. Niklas Luhmann s Systems Theory, as well as Jürgen Habermas Communicative Action Theory provided the research with theoretical and conceptual fundaments, illuminating the Health Law field.The relevance of these references is founded on the idea that health is a dynamic process that falls within a social system, linking with other segments of society and dialectically interacting with them, so as to create organizations able to carry out the decisions made by the health care system. It is noted that the asymmetrical federalism model installed in Brazil has centralizing tendencies and prevents the Health Care System implementation and effectiveness, producing a fragmented system in which the taxing power is decentralized, but the federal revenues distribution technique is not widened for the benefit of states and municipalities. It is a qualitative research, bibliographic in nature, in which every aspect will be analyzed by means of a doctrinal and normative study. It seeks to provide a new structural model for the provision of public health care services, able to meet the system reality as a whole, in order to promote the democratization of the right to health. Keywords: Right to health. Unified Health System. Fundamental right. Federalism asymmetrical. Decentralization. Universalization. Sanitary reform.

ASSUNTO(S)

direitos fundamentais - teses sistema Único de saÚde - teses direito À saÚde - teses direito constitucional

ACESSO AO ARTIGO

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