Navegando por Assunto "Direito à saúde"

Agora exibindo 1 - 6 de 6

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.
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.
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.
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.