Concretização dos direitos fundamentais sociais e a interpretação da constituição: o direito à saúde - extensão e limites

Abstract

The purpose of this works to analyze the interpretation of the fundamental social rights laid down in the Federal Constitution, with reference to the right of health care in particular. Through the exposition of problems faced by the people interpreting it in concrete cases and the study of the public politics, we have attempted to show the need for a change in the paradigms of interpretation. It is imperative that apparently contradictory values are brought into agreement, such as social rights, public rights subjective to budget, use of public money, municipalization, education, life and dignity, equality and universality. The creation of the Sistema Único de Saúde (SUS) project came about based on the historical struggle of the sanitary movement and the Brazilian people, and needs to be defined and understood so that its objectives and limits can be established. The completion of the undefined elements in its structure should be achieved from choices made through a legitimate process based on the Constitution, that is, the tradition structures, such as elections for representatives of the Legislative and Executive Powers, the arenas where there is community participation as well Health Conferences and Councils