Um olhar sobre o direito à saúde na CRFB/88, o SUS e a responsabilidade solidária dos entes da federação na efetivação de políticas públicas de saúde no Brasil

Abstract

It is a monograph that aims to analyze the historical and positive bases of the right to health, the structure and financing of the Unified Health System - SUS, as well as the joint responsibility of federated entities in health care. The right under debate is provided for in the Constitution of the Federative Republic of Brazil of 1988, in the range that comprises arts. 196 to 200; in addition, it has the status of a fundamental right, whose ownership is given to all Brazilians. The SUS, in turn, also has a provision in the Political Charter and was created precisely to cover the challenge of realizing the right to health in a country of evident inequalities, fulfilling the premises of equal, integral and democratic access. CRFB/88 also provides that the health system must be organized in a decentralized manner. Decentralization, in turn, implies the inclusion of Municipalities as providers of primary health care, the gateway to the system. This means that they are the ones who, in theory, bear the most burdensome obligations. However, the Constitution granted the Union, the States, the Federal District, and the Municipalities the responsibility to provide health care, and this has budgetary and organizational consequences, and also, not infrequently, triggers discussions within the Courts, including in the Supreme Court, with demands that debate the limits of joint and several liability, considering that the Constitution adopts a system of cooperative federalism.