Navegando por Assunto "Liberalismo de princípios"

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Acesso aberto (Open Access)
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)
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.