Navegando por Assunto "Direito à saúde"

Agora exibindo 1 - 15 de 15

A objeção da consciência do médico em sua relação com o paciente
(Centro Universitário do Estado do Pará, 2015) Koury, Adilon Passinho; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
Conscientious objection is a form of resisting to lawful command whose determination attacks the most intimate individual sphere. Originated from the fundamental rights to freedom of thought and freedom of religion, conscientious objection is evaluated in this study as an application by the doctor within their professional relationship with the patient. From the ideal of virtue of the Aristotelian tradition, revitalized by MacIntyre, the doctor's objection is discussed in the context of Western medical tradition and bioethics discussion, particularly according to the ethics and morality of internal medicine, and also in relation to the concept of Well, understood here as the objective pursued by the doctor and the patient in performing a medical treatment. This paper analyzes the legal form and the applicability of the doctor's conscientious objection, in addition to its limitation to protect the two elements of the doctor-patient relationship. Conscientious objection is studied as a fundamental right of the physician in the exercise of their profession, which is able to protect harm to his conscience in the face of his professional obligations and patient autonomy when there is irreconcilable disagreement between their beliefs and the needs and desires of patient regarding the treatment to be established.
Desoneração fiscal sobre os medicamentos e as propostas de emenda constitucional em trâmite no congresso nacional: uma análise em prol da consolidação do direito fundamental à saúde no Brasil
(Centro Universitário do Estado do Pará, 2019-06-03) Ayres, Yasmin Corrêa; Pamplona, Karla Marques; http://lattes.cnpq.br/5228348047968891; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
According to the Federal Constitution and the National Tax Code, taxes are compulsory payments made by the taxpayer of a tax obligation, which are totally linked to the human being's need to live in society, since they finance that the human being lives. It turns out that Brazil has one of the highest tax burdens on products, services and other factors, such as medicines. This should be repaired or controlled, with the purpose of preserving the right of access to health of the Brazilian population, given the global nature of the health problems they face, as well as ensuring the existential minimum of each family that uses private health, due to quality of public health. Faced with the constitutional guarantee, both of taxation and the right of access to health, there must be a balance between them, when a fundamental guarantee is violated. In this scenario, it is worth highlighting the actions of the Proposed Amendments to the Federal Constitution that will be cited throughout this monograph, which are being structured so as to include, in the fight against the infamous tax burden on medicines, as well as the guarantee of access to health in Brazil. The research investigates the limits of the tax incidence in the country, to develop forms of relief on essential goods aimed at the achievement of good public and private health management and the global guarantee of access to health.
O direito à saúde e a distribuição de medicamentos na perspectiva da justiça distributiva
(Centro Universitário do Estado do Pará, 2018-03-05) Daou, Heloisa Sami; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Freitas, Juliana Rodrigues; Lamarão Neto, Homero
The present study proposes an analyze about the Right to health and the distribution of medicines in the perspective of distributive justice, in order to answer the questioning of whether the State's action in guaranteeing the right to health and distribution of medicines can be considered fair. The right to health is included in the list of fundamental social rights in CRFB / 88. The Constitution recognizes it as the right of everyone and the duty of the State, emphasizing social and economic policies aimed at reducing the risk of disease and other diseases and universal and equal access to actions and services for their promotion, protection and recovery. It is in this sense that there must exist the Unified Health System (SUS): as the public policy chosen by the constituent to guarantee health to individuals and, among its actions, is the National Medicines Policy (PNM) and the National Policy of Pharmaceutical Assistance (PNAF), drug distribution policies. Therefore, the general objective of the research was to analyze the distribution of medicines that is made by SUS from the perspective of distributive justice. The research is divided into four chapters. Initially, we explored general concepts related to social rights, highlighting the fundamental aspect of these rights. Afterwards, the attribute of dignity of the human person, presented as the sole foundation for guaranteeing fundamental rights, was analyzed from the Kantian conception. Finally, the research turned to fundamental rights from CRFB / 88. In the second chapter, the study of the way to guarantee the right to health was emphasized, at which point the emphasis was placed on the understanding of the SUS as a public policy aimed at guaranteeing the right to health, PNM and PNAF, through which the individual has medicines. Then, in the third chapter, some of the restrictive conceptions of social rights were presented, and thus the full guarantee of the right to health, in order to reject such arguments. In the fourth and last chapter were presented the theoretical conceptions that best lend themselves to support the arguments defended here. The public policy of drug distribution was analyzed from the ideal of distributive justice pursued by John Rawls's egalitarian liberalism, with the possibility of complementation in Amartya Sen's theory of equality of abilities. These theories together offer a sufficient theoretical underpinnings to the defense that it is the duty of the State to grant the access to essential medicines for all people from their own individual needs, thereby ensuring the full realization of the right to health. The research used as methodology, mainly, the bibliographical survey, being the study eminently theoretical.
O direito à saúde e a emenda constitucional nº 95 diante da regra da proporcionalidade
(Centro Universitário do Estado do Pará, 2017) Alves, José Antônio de Oliveira; Bastos, Elísio Augusto Velloso
This dissertation approaches the rule of proportionality as an instrument to solve the specific conflict between Constitutional Amendment No. 95, which prevents the increase of expenditures, proposed by the Government to rebalance the public accounts and resume economic growth, and the constitutional right to health. Faced with the economic crisis, although the State is obliged to take some measures to overcome the problem, it is necessary to reflect whether such measures justify, for its execution, the production of some damage to fundamental rights, especially the right to health, due to its Importance in the constitutional context. For the management of the rule of proportionality, Aharon Barak's approach was chosen, needing a previous theoretical discussion of the theory of principles and the elements of proportionality, comparing his approach, especially to that of Robert Alexy, one of the foremost professors on the subject. To understand the background of the conflict, we discussed the meaning of the constitution and its objective to constitute a State of Social Welfare within a context of economic neoliberalism, symbolized by the Washington Consensus. When propperly applying the rule of proportionality, to solve the conflict, many economic elements were analyzed, based on research related to the theme, carried out by several authors both internationally and nationally. The conclusion drawn from the rule of proportionality, applied with the help of economic elements, was that constitutional amendment 95 is disproportionate, having, as a result of the study of tax multipliers, little possibility to fulfill the objectives assigned to it by the State, and under the social cost of producing great harm to the right to health. The conclusion also showed that there are other alternatives, such as the suspension and auditing of the Brazilian public debt and the regulation of the tax on large fortunes, which when compared with the constitutional amendment nº 95, have been shown to be more likely to achieve the intended state purposes to rebalance the public accounts and help the resumption of growth, and, at the same time, without damaging the constitutional right to health.
Direito à saúde e novo regime fiscal: uma análise à luz do liberalismo rawlsiano
(Centro Universitário do Estado do Pará, 2020-02-05) Ferreira, Versalhes Enos Nunes; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The present research aims to analyze, in the light of Rawlsian liberalism, the right to health and the new tax regime, which was instituted by Constitutional Amendment 95 of 2016 and established a new calculation system for public health financing, reflecting on its conformity with the ideal of distributive justice advocated by egalitarian liberalism and with the constitutional model itself of granting this essential resource. John Rawls's theory of justice will be the theoretical framework used to support the discussions, being apropriate and sufficient for the purpose of the study, in so far as the reading of this philosophical prism is of a contemporary conception of social justice that prioritizes all individuals when distributing primary goods, which today must be read as fundamental rights. We believe that the right to health must be realized for all citizens, since it is an indispensable legal asset for life and the protection of human dignity, collaborating in this way, so that people can carry out the actions necessary for the realization of their life plan, therefore, the strengthening of the Unified Health System, notably in a scenario of implementation of a severe policy of economic austerity. This conjures us to answer the question whether the new tax regime is compatible with the best way to distribute the right to health, within the conception of concession instituted by the Constitution of the Republic of 1988. The study used as methodology, mainly, the bibliographic survey, being eminently theoretical research.
Igualdade formal e segurança jurídica nas decisões judiciais em ações coletivas para fornecimento de medicamentos: um estudo de casos da Seção Judiciária Federal do Estado do Pará
(Centro Universitário do Estado do Pará, 2014-11-28) Pereira , Leonardo Fadul; Dias, Jean Carlos; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590
The social rights are in the 1988 Constitution and they are fundamentally ensured by the positive provision and the relation to the constitutional value and objectives to attend the human dignity principle. Formal equality as a constitutional value must be the way to accomplish social rights by the Government. When individuals are of the same judicial position, they must avoid unequal treatment. Public health is a citizen right and it is necessary for a good life, which includes medicament treatment. It is essential for the human cure and recovery to be offered by the Government as a social right obligation. The present study attempts to demonstrate the unequal treatment between the individual and the collective in some judicials decisions in medicaments class action in the Federal Judiciary Section of the State of Para. The technical for this research were to study cases from this particularly Federal Justice that involved medicaments class action during the years of 2011 through 2014. The results brought that the judicials decisions researched partially violated the fundamental social right to remedy assistance. In conclusion, from the point of view of the judicials decisions balance, the social fundamental right to remedy assistance were partially respected when provided it to an individual, but not respected this right when did not provided it to the collective, according to the constitutional positive prescription about the fundamentals rights.
Judicialização de políticas públicas e análise econômica do direito: estudo acerca do impacto das decisões do judiciário paraense nos gastos orçamentários da Secretaria de Saúde Pública do estado do Pará
(Centro Universitário do Estado do Pará, 2019) Bernabé, Ellen do Socorro Barbosa Nogueira; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Nogueira, Rafael Fecury; http://lattes.cnpq.br/7341684103082113
This master's dissertation proposes a study about the impact of the decisions of the Paraense judiciary on the budget expenditures of the Public Health Secretariat of the State of Pará. It aims to analyze the decisions of the Paraense judiciary to implement public health policies and their impacts on spending. Pará State Department of Public Health, in the light of Richard Allen Posner's theory of economic analysis of law. The Right to Health is enshrined in the Constitution of the Federative Republic of Brazil as a fundamental right, being the right of all and the duty of the State. The problem is of great importance in the actual implementation of fundamental rights, not crediting the right to health programmatic character, but subjective law, therefore can be argued in court. In this sense, the emphasized question is how the decisions of judicialization of public health policies impact the budget of the Public Health Secretariat of the State of Pará, analyzing their consequences from the perspective of Posner's Economic Analysis of Law. To this end, the research is divided into three sections. Initially, we explored data from the State Department of Public Health of the State of Pará, then analyzed the judicialization of public health policies, and finally turned to the Economic Analysis of Law. Thus, we sought the concreteness of the data to analyze the facts.
O limite das obrigações do estado no fornecimento de medicamentos de alto custo a pacientes com neoplasia maligna
(Centro Universitário do Estado do Pará, 2019-06-18) Rodrigues, Brendha Figueiredo; Brito Filho, José Claudio Monteiro de; Bastos, Elísio Augusto Velloso
The present study analyzes the limits of the State's obligations to guarantee the right to health in the distribution of high-cost medicines to patients receiving treatment for Malignant Neoplasia. Its purpose is to define the responsibility of the State in the distribution of remedies in a fair and egalitarian manner, taking into account the need of all those who seek, in some way, to guarantee their right to health and life. In order to do so, we indicate John Rawls's theory as sufficient to support this consideration, disregarding the Possible Reserve Theory, constantly applied in judicial cases to justify the inefficiency of the State, and to promote public policies guaranteeing the medicines necessary for individuals. We advocate providing medicines equitably to all citizens, especially those of high cost who are not registered with ANVISA and due to this factor, there is no provision by the Unified Health System. The methodology will be the bibliographical survey based on doctrines available in books and periodicals, articles and master's theses. Therefore, this is an eminently theoretical study, developed with a view to understanding that health is a fundamental right, especially in cases of patients with Malignant Neoplasia who require the distribution of high-cost drugs in a full and accessible way, taking into account in view of the complexity of the treatment and in most cases, patients' hyposufficiency.
Municípios mineradores e a utilização da CFEM (Compensação Financeira pela Exploração de Recursos Minerais) para combate à pandemia da COVID-19: um estudo sobre as políticas públicas de Itaituba, Paragominas e Canaã dos Carajás
(Centro Universitário do Estado do Pará, 2022) Faro, Roberta Pina Barbosa; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Menezes, Daniel Francisco Nagão; http://lattes.cnpq.br/4101655062938301; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
The objective of this dissertation is to understand how the State acted during the covid19 pandemic to ensure the right to health in mining municipalities in the Amazon, investigating public policies in Itaituba, Paragominas and Canaã dos Carajás, in the state of Pará. The focuses is into the use of the Financial Compensation for the Exploration of Mineral Resources (CFEM) and the identification of the main measures taken by the executive, legislative and local judiciary. The research approach is qualitative, using a case study in those municipalities, based on bibliographic and documental review. This is an applied research and, in terms of objectives, it is a descriptive and explanatory research, describing facts and phenomena, in addition to seeking to identify the factors that determine or contribute to the occurrence of these phenomena. The study showed that the analyzed municipalities defined measures to combat covid-19, through the imposition of restrictions and limitations on the functioning of various economic activities, identified in several normative acts issued by them. Mining exploration, however, did not directly suffer such impacts, having even been considered an essential activity for the functioning of the country (Decree No. 10,329, of April 28, 2020). There were also several interferences made by the judiciary, aimed at determining the execution of protective measures of the right to health. It was also observed the role of the Public Ministry, both state and federal, in order to ensure the protection of the health of workers in local mines. As for budget execution and use of CFEM, the three municipalities demonstrate that the allocation of perceived values could be better. The value attributed to the funding of public policies in the area of health was much lower than expected and a large part of it was used to fund short-term activities, such as the acquisition of consumables or payment of personnel, not showing an expressive action in favor of the right in focus.
O direito a saúde mental como garantia fundamental do trabalhador
(Centro Universitário do Estado do Pará, 2020) Medeiros, Anna Julia Muricy de; Cabral, Ana Carolina Marinho; Pereira, Emília de Fátima da Silva Farinha
This article aims to make an analysis of work activities and how it can influence worker health, focusing on mental health. It is possible to clarify that, with the evolution of technology and sectors of the economy, the labor market has become increasingly competitive, and this consequence has become dangerous since it weakens the psychological health of the employee, who lives under constant pressure to bring the retorna that the company expects. This fragility as a result of work has led a considerable number of workers to ask for leave from their activities, generating high costs for the company and irreparable consequences for the employee. In this sense, the study of the theme is of paramount importance, since a healthy work environment and health are fundamental social rights ensured by the Federal Constitution of 1988. Thus, the work aims to show the relevance of the theme for society by tracing an analysis from the evolution of labor rights, to the right to mental health considered fundamental and the consequences of non-observance of this right in employment relationships.
O poder judiciário como indutor de políticas públicas de saúde
(Centro Universitário do Estado do Pará, 2017) Barros, Elaine Cristina Lopes; Dias, Jean Carlos; Brito Filho, José Claudio Monteiro de
This master’s thesis proposes a study about the Judiciary’s role in the creation, formation and implementation of public health policies. It demonstrates that the Public Power through public policies must guarantee the health to all citizens, and that, from the transforming role of the Judiciary, as part of a democratic-participatory State, if the State, by means of other Powers, refuses to provide this constitutional right, the population has the possibility to avail itself of the jurisdictional safeguards apt for the defense of the right to health for the realization of its Right, so that the means necessary for its dignity are guaranteed. In these terms, this Power has been led to adjust by means of decisions that oblige the Executive Power to attend to the litigant's claim, either by providing him with medicines or by offering the opportunity to perform exams, surgeries and treatments. It is known, however, that such participation runs against various interests resulting from the principle of separation of powers, from administrative discretion, as well as from obstacles to its implementation by economic and financial claims, as well as from non-recognition of individual ownership of this right, and these arguments are usually managed to prevent or reduce said participation. It is evident in the study that none of these arguments is sufficient to limit the interference of the Judiciary in matters related to the right to health, so that such participation becomes necessary for this fundamental right to be fully guaranteed, according to several decisions made by the Federal Court of Justice. It is also evident that, although recently this Court has recognized the general repercussion in two extraordinary appeals that deal with the supply of high-cost drugs not available in the Unified Health System (SUS) list and drugs not registered in the National Agency of (ANVISA), where the votes cast by Ministers Barroso and Fachin have put in check all this expansion of the limits of the Judiciary, which is exactly in the need of protection of fundamental rights, is believed in a final judgment capable of allowing, by means of the arguments set out here and the decisions made previously by the STF, that this extension is not deprecated, since the achievement of the individual as a human being is the first objective of the State, which is why it must be fully and effectively guaranteed. Considering that the aforementioned extension should not be unrestricted, given the limits imposed by the rules themselves and in order to avoid any abuse of power, criteria capable of guiding judgments handed down by magistrates will be demonstrated.
Políticas públicas de acesso à medicamentos e judicialização do direito à saúde: análise a partir do estudo das ações judiciais interpostas em desfavor do estado do Pará, no ano de 2016
(Centro Universitário do Estado do Pará, 2019) Santos, Andreza Casanova Vongrapp; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Caldato, Milena Coelho Fernandes; http://lattes.cnpq.br/9477878606835309
The research intends to study the right to health by relating it to the public policies that oppose it and to demonstrate the importance of understanding the implementation of these policies by the agents who act in the demands that seek to ensure, by judicial means, access to health goods and services, especially of drugs, object of the study. The work will make a historical cut to revisit the origin and evolution of the concept of social rights, understand its meaning and the way it was incorporated, how it was developed and how it influenced the guidelines that currently guide the right to health, recognizing that reality social current state demand a huge range of activities for the guarantee of citizenship. It will seek to understand the foundations of social rights as fundamental rights and the elements that guarantee their protection. It will analyze the process of judicialization through which access to health in particular to the drug, presenting the existing public policies and discussing the importance of the legal operators, who act in the judicial actions in health, understood the policies instituted. The discussion will be based on the study of data filed against the State of Pará in the year 2016, obtained from the Attorney General of the State of Pará. The work was developed based on the bibliographic review of works related to citizenship, social rights, Welfare State, public health and health judicialization. The data presented demonstrated that it is necessary to stimulate the multidisciplinary debate between the justice system and the health system and to acknowledge the new arenas of discussion that arose after the CNJ's action in order to promote the rationality around the judicialization of health considering that the current model does not contribute to the realization of the social right to health, either by not reaching existing public policies or by proposing new public policies.
Reflexões sobre a necessidade de políticas públicas de saúde e de atenção aos direitos humanos: um recorte sobre a invisibilização das mulheres do espaço prisional em Ananindeua-PA
(Centro Universitário do Estado do Pará, 2021) Cardoso, Márcio Eloy de Lima; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902
The present study has the theme of the invisibility of women deprived of liberty: reflections on public health policies in the State of Pará, due to the incidence of gender inequality existing in Brazilian society, subjecting women to a consequent disparity of treatment in several segments, among them not the Penitentiary System, which is rightly transsed by the violation of human dignity and fundamental rights, specifically to health. In this perspective, the study aims to understand the consequences of the invisibility of women deprived of liberty, to describe the reality of the experience of women with stories of deprivation of liberty in the Brazilian Penitentiary System in the State of Pará and to reflect on public health policies carried out in the Brazilian Penitentiary System. Bibliographic research of qualitative approach was adopted. Thus, it contextualizes in a historical way the figure of the woman in prison, showing the past and present of the prison in Pará. In the absence of specific legislation on women's issues, this study uses, with the exception of the Convention of Belém do Pará, international and national standards generally applied, such as the Mandela Rules, Bangkok Rules, the Criminal Enforcement Act – Law 7.210/1984, the Statute of children and adolescents, Bill 513 and Law 13,769/2018 and Special Progression of Regime, the Convention of Belém do Pará, Habeas Corpus No. 143,641/SP and, mainly, the Health Policies of the Brazilian Prison System for Women Deprived of Liberty. In summary, when analyzing the Brazilian internal legal system regarding the treatment of women in prison situations, it is perceived that although there are several regiments of laws and protective resolutions, todavia, there is no equivalence between the statement of legal and normative instruments with the reality that women deprive of freedom experience. The bars should not and cannot prevent the non-observance of this class of marginalized and raped female gender, where women live a real governmental disapproval and the sexist system, it is undoubtedly necessary to promote the visibility of women, ensure the effectiveness of public health policies and ensure their human dignity. This dissertation argues that, to solve these serious problems, it is necessary to include a gender approach in criminal and prison policies.
Reforma trabalhista: o teletrabalho e seus reflexos na saúde e na desconexão do trabalhador
(Centro Universitário do Estado do Pará, 2018) Bittencourt, Pedro José Marinho; Chaves, Krystima Karem Oliveira
This paper will present an analysis of the new regulation and systematics of teleworking from the labor reform, exposing its consequences to the preservation and protection of the minimum rights of teleworkers, especially regarding the right to disconnect from work and the right to health. To do so, the Fundamental Social Rights will be elucidated, as well as the conceptualization and explanation of degrading work as the antithesis of decent work. Next, it will be the responsibility of the employee regarding the health of the worker and his obligatory action for the realization of a salutary work environment for all types of workers. In the same way, it will be related, with respect to the particularities of the remote work, traversing by its origin, modalities and normative history in the Brazilian order. Finally, the social-economic impacts of teleworking will be exposed in relation to its main agents, especially the teleworker, addressing the main reflexes of remote work in their life and health, including as a conclusion that, despite being regulated and with great advances, teleworking still has latent weaknesses as to the effectiveness of the preservation and protection of the worker's basic rights, especially with regard to his / her dismissal due to lack of control of the day, and his / her full health is harmed by the legislative inclusion of the term responsibility, a document that aims to exempt the employer from greater responsibility for the health of the worker.
Tributação e saúde: a tributação indireta sobre alimentos no brasil e o direito fundamental à saúde
(Centro Universitário do Estado do Pará, 2020) Campos, Antônio Leonardo Amorim da Costa; Macêdo, Camila Araújo Escolástico de; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
It is possible to approximate the concept of health with that of adequate food, considering that it is adequate food, one of the main factors related to disease prevention and increased quality of life for those responsible. Thus, food is a constitutionally provided right that must be stimulated by the State through tax benefits and privileges that reduce the cost of goods until they reach their final consumer. This will allow that no act of buying food products the consumer, especially the low income, does not have its revenue drastically reduced by the option of consuming food that is not included in the basic basket, enabling him to have access to food that he did not have before , as well as increasing the quantity of products purchased, thus expanding the nutritional variety. Thus, however much the State has chosen to prioritize indirect taxation over direct taxation - making it difficult to apply contributory capacity and isonomy among taxpayers - the principle of selectivity must be respected and put into practice with a reduction in reducing the impact of taxation on the consumption of the poorest part of the population, thus allowing the dictates of social justice to become more possible to be achieved by reducing regional and social inequalities.