O Sistema Único de Saúde: o descompasso entre a realidade normativa e a realidade fática

• Ano de defesa: 2007
• Autor(a) principal: Silva, Beatrice Maria Pedroso da
• Orientador(a): Grotti, Dinorá Adelaide Musetti
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Direito à saúde; SUS; Reforma do Estado; Reformas em saúde; Sistema Unico de Saude (Brasil); Direito a saude > Brasil
• Palavras-chave em Inglês: Right to the health; Only System of Health; Remodels of the State; Reforms in health
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/7763

The Federal Constitution of 1988 proclaimed the right health as the right of all and guaranteed by the State, guaranteed by social and economic politics that aim the reduction of the risk of illness and other aggravate and to the universal and equal access to the actions and services for its promotion, protection and recovery . It adopted an ample concept of health, conceiving it as physical and mental well-being of the human being and its adequacy in social lifre. For the accomplishment of this state duty the Constitution established the Only System of Health - SUS, integrated by all the federative beings, and fixed principles and rules apply to it. With the edition of the Federal Law 8.080/90 - Organic Law of the Health - and, after, of the Federal Law 8.142/90, had beginning the process of construction of the System, that is not completed yet. The changes and inovations that were inserted throught this process causes all the questions that guides to this present study. With all this changes, it is questioned, if with these modifications had evolved in the direction of the concretion of the principles that had originally used to it as base or if, the opposite, modify the politician-constitutional option inserted in the in the effective Federal Constitution. The studies accomplished guides for the change of the central lines of direction of the SUS Only System of Health - beyond the concrete reduction of the public sphere in the scope of the System. It has a visible and gradual removal between the of the SUS and its expression in the legal system. If in one hand, did not happen in the theory, a rupture of the constitutional normative structure, in the other hand, clearly has a redirecionament of theu health public politics of universal, complete and equal, resolting a unify serious threat of a definitive disruption with the estruturantes beddings of the public politics of health. Even thought the fact of the constitutional principles that informs the SUS, is still supported by its managers, is clear the trend of the public politics to orient itself by a new boarding that emphasizes the results and it promotes the values of the efficiency and the economy rationality. Built as a nature system of monopoly public state, the SUS goes thought, by the concrete plan, all the innovators experiments of management that involves the joint between the public sectors and the private for the rendering of services of health. The effective form of state provision - direct and exclusive - comes being substituted for another model where the State starts to be the fiscalize and to co- ordinate the established duties