A (in) efetividade das políticas públicas de saúde em municípios da região do Alto Uruguai Catarinense

Abstract

The dissertation presented, whose area of ​​concentration concerns new paradigms of law, has constitutional jurisdiction and democracy as its line of research. It uses inductive research as a method, with the purpose of analyzing and dealing with the (in)effectiveness of public health policies in municipalities in the Alto Uruguai Catarinense region - AMAUC. Primarily, considering that despite compliance with the constitutional and legal minimum percentage of public resources allocated to health programs, there is, at the same time, an exponential increase in the number of legal actions claiming access to this right. Thus, it is sought through judicial intervention that these municipalities and other Federated Entities will meet, jointly, the constitutional commitment to provide this essential fundamental social right. Health, a right for all and a duty of the State, is seen as a subjective public right of both a collective and individual nature, whose definition encompasses not only physical well-being, but also moral, intellectual and environmental well-being, in order to enable a life and living with dignity. To this end, the implementation of public policies and the availability of public funds for their achievement are required, which, however, in the dominant capitalist system and an extreme neoliberal culture, whose ideal of profitability at any cost prevails, there is an undeniable neglect of these rights in the interests of the global financial market. The limitation of public resources or their alleged scarcity, combined with the fact that they are chosen as priorities by public authorities, according to the interests of economic powers, has been one of the obstacles, if not the biggest obstacle, to the realization of the right to health. As a result, from the moment people need to resort to the Judiciary to have their right to health fulfilled - as can also be seen in the AMAUC municipalities - given the administrative refusal of the federal, state and municipal powers to provide it, whether due to alleged economic-financial aspects, or other unjustifiable issues, there is a system failure. There is an abyss between what is exposed in the normative texts and the lived reality, which directly and harmfully impacts the vast majority of poor and excluded people in society, and only through a sensitive change in social mentality and civilizational development as a whole, notably in relation to the importance of the right to health for the development and survival of humanity, it is possible to create a right to health that is truly protected and guaranteed for all.