Navegando por Assunto "Direito à saúde"

Agora exibindo 1 - 12 de 12

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Constituição cidadã e representações sociais: uma reflexão sobre modelos de assistência à saúde
(2010-12) SILVA, Sílvio Éder Dias da; RAMOS, Flávia Regina Souza; MARTINS, Cleusa Rios; PADILHA, Maria Itayra; VASCONCELOS, Esleane Vilela
This article presents a reflection on the meaning of the terms citizenship and health, addressing the Theory of Social Representations as a strategy for implementing and evaluating health care models in Brazil. First, a brief history about the concept of citizenship is presented; then the article addresses the principles of freedom and equality according to Kant; the third section of the article shows that health is as a right of the citizen and a duty of the state. Finally, the Theory of Social Representations is emphasized as a strategy to evaluate and implement the health services provided to citizens by the current health care models in Brazil.
Acesso aberto (Open Access)
O controle judicial do orçamento da saúde no Brasil
(Universidade Federal do Pará, 2009-08-28) NOLETO, Maria Clara Barros; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The right to health is a basic right established in the Brazilian Constitution and responsibility of the Public Authorities. However, the implementation of the health policies is often precarious leaving many Brazilians without access to health care. Because of this there is a growing search for the judiciary to solve eventual conflicts. The legal decisions often bring monetary impacts because of the arrest of resources implemented. This dissertation will analyze the reasons associated with this problem. The fundaments of the judges´ decisions are evaluated and it is found that they use a retributive justice perspective which brings a mismatch between the nature of the conflict and the solution given. Further investigation shows the budget as a fundamental point to the comprehension and solution of the problem, and I discuss the finality, the control and the constitutional principles related to this. In the discussion it becomes clear the importance of public expenditure and the respect to what is established in the budgetary law, reinforcing the discussion of the nature of the Brazilian Budget. I analyze the public expenditure control as well as the mechanisms available to the justice to intervene when the public administrator does not follow the law. Finally it is shown that it is possible to implicate even the head of the Executive for the measures adopted by the State which are not in agreement with the Public Budget.
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Direito à saúde do idoso portador de doença renal crônica: uma análise no município de Castanhal-Pará
(Universidade Federal do Pará, 2016-06-28) PINTO, Cleidiane Martins; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
This research is about health law as a basic human right of all human beings, a right that can’t be excluded from the elderly, who are even in more need of this due to their biological condition, which will imply more investments and expenses made by the government with the goal to provide sanity for everyone but especially forthe old aged population. The essay exposes the liberalism of principles as theoretical models that are capable of substantiate the government’s duty of providing this human right (health law) to every citizen, based on John’s Rawls theory of distributive justice. By the same token, bioethical principles were stated as vectors to settle the emblematic cases, giving the chance of an equal health service especially for the elderly. It’s an exploratory descriptive research, with qualitative approach, for the old aged population that suffer chronic kidney disease and that need health hedge from the “Sistema Único de Saúde” for hemodialysis treatments. Field researches were made with social information and real diagnostics of those who suffer chronic kidney disease; biographical research through scientific perusal, with the aim to understand the concepts explained in this research; also, official government documents were analyzed; legal processes; and the applicable legislation. Through the methodological process, we can see that Brazil’s government, even though it has a constitutional regulation that cares about the distributive justice, when it’s needed; there are limitations for the defrayal in the public sanity, leaving uncovered the majority of the social welfare, for example the long waiting lists for those who need hemodialysis treatment, which is bigger everyday.
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O direito fundamental à saúde como direito subjetivo: a perspectiva do liberalismo de princípios
(Universidade Federal do Pará, 2016-04-29) RIBEIRO FILHO, Hermann Duarte; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This work aims to analyze the fundamental right to health as a subjective right in the context of Brazilian constitutionalism, from the egalitarian through the theories of John Rawls, Ronald Dworkin and Amartya Sen. We expose first the two ideas of justice that we think that when applied in practice turn out to halt the proper conduct of the fundamental right to health, and these ideas are Utilitarianism through the theories of Jeremy Bentham and Stuart Mill, and Libertarianism, as proposed by Robert Nozick. Then we show why we believe that egalitarian liberalism is a better alternative to these theories. After, we will explain the concept of human dignity and its relationship with the existential minimum. And finally, we will analyze the contours of the right to health in the Brazilian legal system, exposing briefly about the Sistema Único de Saúde (Brazilian public health system) and demonstrating what is the effectiveness of constitutional norms establishing the right to health, and then illustrate how the Supreme Court Federal uses the concept of subjective right and one of the main decisions on the topic: Injunctive Reliefe Suspension 175.
Acesso aberto (Open Access)
A exigibilidade judicial dos direitos sociais
(Universidade Federal do Pará, 2005) COLARES, Patrick Menezes; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The lack of concreting of some fundamental rights, as social ones, related with health and education, wich demands costs to State, still represents a challenge to brazilian constitucionalism. In consequence, Courts are facing with issues related with the materialization of suth rights, as supply of medicines that are not able on public healths system or a guarantee of matriculation of an student on public education system. These requests of judicial orders directed to public administration to fulfill its constitucional duty, throught positives obligations. Such phenomenon, included for the great part of doctrine on what its used to call as "judicialization of politics" is not free from criticisms. Against it, there are arguments that (I) Judiciary is assaulting the separation of powers principie because the administrative function with its discricionarity, must be preserved with Executive, and not on judges hands, who are forbbiden to interfer in public politcs; (II) judges have no democratic legitimacy, because they were not elected by the people; (III) Judiciary is not prepared and technicaly capacitaded for such kind of demand; (IV) depending on positives state behavour and public recourse for its concreting, a judicial determination in this way would oppose legality and budget anteriority principies, finding serious obstacles in its concreting because the "possible restriction". This study proposes not only to analize these related arguments, as also examinate borders of juridical and political systems, concluding legitimacy or not of such conduct, as well to analyse the nature, the programatic caracter and the dificult delimitation of social rights and its judicial protection, in others words, seaching, in resume, to examinate brazilian Judiciary function on social rights concreting problem, as "existencial minimum" warranter.
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Financiamento na saúde pública: análise de indicadores de gastos na Região Metropolitana de Belém
(Universidade Federal do Pará, 2023-02-02) LIMA NETO, Paulo Aguiar de Andrade; TRINDADE JÚNIOR, Saint-Clair Cordeiro da; http://lattes.cnpq.br/1762041788112837
Based on the theories of situational strategic planning by Carlos Matus and urban planning and socio-spatial development by Marcelo Lopes de Souza, this work establishes reflections on health financing in the Metropolitan Region of Belem (RMB) - formed by the municipalities of Belém, Castanhal, Santa Izabel, Marituba, Benevides, Ananindeua and Santa Bárbara-,; in particular, on expenses and (in)permeability involving the municipalities that comprise it. In this portion of the city, all the municipalities that comprise it establish a dynamic flow among themselves, making conventional planning not as fruitful as it could be. The right to health is universal and essential to every citizen and constitutionally enacted, and must be enjoyed, in fact, by the inhabitants and guaranteed by the State. The main objective of this research is to analyze the behavior of these expenses in the time frame of 11 years and their contradictions in the practice of planning, as well as to situate the social actors involved in this process, considering the socio-spatial diversity of the analyzed reality. To carry out the study, the following methodological procedures were used: a) theoretical-conceptual bibliographic review of relevant themes, theories, concepts and notions; b) bibliographic review of a historical geographical nature and survey of primary and secondary data on the Metropolitan Region of Belém, as well as on public policies relevant to the issue of planning; c) collection and analysis of data regarding funding, resources, effectiveness and efficiency, available in PROADESS (Project Assessment of the Performance of the Health System). The results showed that: a) the form of planning used cannot optimize citizens' access to health in the Metropolitan Region of Belém; b) personnel expenses were higher than those for equipment, and Santa Izabel and Santa Bárbara are the least equipped municipalities; c) the municipalities are quite dependent on transfers from the Union and, of all of them, including own resources and transfers from the Unified Health System (SUS), Marituba emerges as the municipality with the lowest performance. As for health care. In general, we found that the planning developed by the federated entities of the RMB does not satisfy its citizens in order to achieve an integrated management from the metropolitan point of view, causing access to health to be restricted to only a portion of the population.
Acesso aberto (Open Access)
Judicialização da política pública: o diálogo como forma de concretização da saúde preventiva
(Universidade Federal do Pará, 2015-09-25) VELOSO, Marcelene Dias da Paz; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
This dissertation analyzes the field of action of the Judiciary and its limitations within the demands made upon the Public Administration, regarding the development, implementation and evaluation of the public policies for the provision of preventive health care services with an emphasis on the ‘Health and Family Program’. The analysis highlighted the main obstacles mentioned in the doctrine and in the jurisprudence with regard to the implementation of the fundamental rights by means of judicial proceedings. To this end, the study identified the main problems that have arisen during the implementation of preventative health care services carried out due to judicial proceedings by collating the social demands with resource constraints. The study also suggests a possible approach to overcome the tensions among the constituted powers by resorting to examples of practices from other countries such as institutional dialogue, which guarantees the enjoyment of the fundamental rights set out by the Brazilian Constitution. The ‘Health and Family Program” of the federal government was herein analyzed due to fact that it comprises most of the policies on the provision of preventive primary health care services on the one hand and most of the judicialization cases on the other hand. The analysis herein issued, demonstrates that the Judiciary can contribute to the improvement of health public policies. The dissertation also brings an analysis of a judicial proceeding concerning the provision of Human Papiloma Virus (HPV) vaccine. Finally, it also comprises a research carried out in the Federal Supreme Court during the period of 2010-2013, which aimed at identifying judicialization cases in the provision of preventive health care services then processed and judged in the Court.
Acesso aberto (Open Access)
A jurisdição contemporânea e a aplicabilidade do direito à saúde no sistema jurídico processual brasileiro
(Universidade Federal do Pará, 2012) REIS, Beatriz Ferreira dos; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The present work aims to make theoretical approach on the institution of judicial jurisdiction in the realization of the right to health. To address both the influence of the democratic principle and the value of justice in the construction of a contemporary concept of process and delineation of its purposes. Assuming that the Constitution elevates the dignity of human beings to the level of principle founding of the Republic, will be held the right to health as essential to a dignified existence. The following recognize the double dimension of the right to health - formal and material - will be completed by their justiciability. Performing will be a discussion of the influence of the constitutional principles of justice in the construction of a modern concept of jurisdiction, the jurisdiction recognizing a duty to enforce the law in the dimension of fundamental rights, always making the purchase of substantial amounts contained therein. Highlighting the essence of the adversarial to the achievement of the constitutional promise of access to justice, will conduct an analysis of the procedural aspects of the effectiveness of the legal right to health.
Acesso aberto (Open Access)
A legitimidade da concessão judicial de medicamentos de alto custo na tutela individual: aspectos jurídicos, filosóficos e políticos
(Universidade Federal do Pará, 2018-01-11) CASSEB, Ana Luísa Campos; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This work has as general objective to analyze the phenomenon of the judicialization of public health policies in Brazil, and for a particular purpose to reflect on the legitimacy of the judicial decisions that grant high cost drugs to individuals. The problem raised by these objectives is the following question: in what way can such decisions be considered as legitimate mechanisms of distributive justice, considering the legal, philosophical and political aspects of the legitimacy of such a circumstance? The present research supports the hypothesis that the three dimensions examined offer assumptions that are able to demonstrate the correctness of the redistributive act that occurs through these decisions. Thus, it is an eminently theoretical investigation, with an argumentative trait, since it seeks to contrast the existing positions on the subject in Brazilian constitutional law, in political philosophy, in the jurisprudence of the Federal Supreme Court, with special attention to the votes thus far in the judgment of Extraordinary Remedies no. 566.471/RN and 657.718/MG. As a result, after articulating the categories of the rule of law, equal opportunities and cooperative solidarity in the perspective of the right to health, this research is consolidated in order to affirm the justice in the redistributive practice of access to public health policies by judicial process
Acesso aberto (Open Access)
O liberalismo igualitário como fundamento de demandas individuais na judicialização da saúde
(Universidade Federal do Pará, 2017-11-24) LAMARÃO NETO, Homero; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The purpose of this study is to demonstrate the possibility of filing individual actions for the postulation of benefits, such as medicines, treatment and supplies, in addition to the public policies established within SUS, with egalitarian liberalism as a theory of justice adequate to support this understanding In our legal system. To do so, we indicate John Rawls's theory as sufficient to support this consideration. We believe that the reading of Rawls's theory should not be read exclusively with an individualistic connotation, but especially with regard to the protection of individuals in the cooperative society, with the SUS functioning as one of the most important institutions of the basic structure of society. We argue that the SUS must be applied not only by equal but, above all, equitable access, and that society must face not only the financing of the health system, but also the management and corruption problems responsible for affecting our revenues. We highlight the positions taken by the Supreme Court in the judgment of individual actions postulating benefits beyond the SUS and the precedents that are being established to solve the phenomenon of health judicialization. We also highlight the role of the CNJ from the National Forum of Judiciary for Health, so that the Courts of Justice could optimize the procedural management and the solution of the cases.
Acesso aberto (Open Access)
Parâmetros para justiciabilidade do direito social à saúde: o caso do estado do Pará
(Universidade Federal do Pará, 2012-06-26) FERREIRA, Gabriela de Cássia Moreira Abreu; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
From the health care judicialization debate and their budgetary and public policies planning impacts, the research works on the assumption that the Judiciary should seek rational criteria in this kind of demand, proposing parameters for this task; also seeking to restore the balance between individual and collective aspects of health rights. Therefore, a constitutional and health law approach is presented, under the evidence-based medicine paradigm. The Brazil Federal Supreme Court jurisprudence on health social right is exposed and systematized, emphasizing the Public Hearing held in 2009 in this Court. Seeking to understand how and if this latest debate found echoes in regional and local reality, Pará State Court of Justice cases, tried between 2008 and 2011, were searched and compared with the previous analysed Federal Supreme Court jurisprudence; also exposing the demands’ characteristics from the following criteria: author species, legal representation, disease, applicants’ profile, demand results (and others), as well as the main arguments presented by the authors, defendants and judges. From our survey, specific health right justiciability parameters are proposed, influenced by Ronald Dworkin’s law as integrity theoretical framework, restoring the integration between public subjective right and collective right, as complementary nature to the right to health.
Acesso aberto (Open Access)
A renúncia de receita onerosa como política extrafiscal afirmativa do acesso à saúde
(Universidade Federal do Pará, 2014) SILVA, Maria Stela Campos da; KZAM NETO, Calilo Jorge; http://lattes.cnpq.br/0615330668721075
This research involve financial legal, tax and administrative, especially with regard to public health policies. Based on the theory of the political philosophy of Amartya Sen's health, from the viewpoint that the state not only fulfills offer services to society, but must ensure that as many people as possible have access to such services that the fact comply with the needs of each; research, after enunciating the ways the state can waive tax revenue for through a policy extrafiscal attract second (companies) and the third (nonprofit corporations) society, identifies the legal forms that Brazil has been using since the last administrative reforms to attract the private sector to establish partnerships of various kinds for the alternative to him, offering more health for the population.At that stanchion the thesis raises some measures of internal and external control is exercised by organs that carry out these activities in Brazil, as the prosecutor, civil society, the Audit Courts to identify the key legal issues that these partnerships State and second and third sector face in the provision of health services.Finally, after a comparative analysis of structures with waiver of income on health in other countries , from research already undertaken in Brazil on certain species of resignation revenue for health, as studies of the Instituto de Pesquisa Econômica Aplicada (IPEA) and Regulatory Agencies area National Health (ANS) and National Health Surveillance Agency (ANVISA), correlating them to reports of analyzes of accounts of the federal government in recent years by the Court of Union, seeks to demonstrate the quantification of waivers in general revenue in relation to targeted health care to the end, suggesting to country implementation techniques that imply waiver of revenue in a mandatory direct consideration of the taxpayer benefited gaugeable the Public Entity.Thus,through exemptions costly attempts to demonstrate the possibility of circumventing the problems better legal waivers of free prescriptions in favor of increasing the distribution of health services in a more qualitative.