A saúde como um direito fundamental social e individual: a responsabilidade dos entes que compõe o estado federal brasileiro na concretização do supramencionado direito

Abstract

The present work seeks to analyze which entities of the Brazilian federation are effectively responsible for the duty to ensure, promote and satisfy the right to health in the context of the national legal-social fact. For this, this reflection presents a brief historical involution, with the aim of showing the main justifications that support the normalization of the treaties in the modern constitutional letters, with special focus, obviously, in the Constitution of the Federative Republic of Brazil, 1988. It will also be added that the law in question must be considered as a fundamental right of first, second and third dimension, and must therefore be immediately implemented by the Government. Consequently, in concluding that the right to health is a fundamental right of public order – in the view that Articles 6, 196, 197, 198, 199, 199 and 200 of Federal Constitution are merely concerned with the realization of the broad right to investigate the growing juridical country, investigating the responsibility of each federative entity, expressly determined in the Constitution, as well as the existence of the Unified Health System, detailed in accordance with the Organic Law of Health. Finally, we will highlight the important role played by the Judiciary in the search for the effective realization of the guarantee now treated in the material scope, identifying in this context the main principles that regulate the performance of this power and, consequently, a brief criticism related to the joint responsibility of federal entities, Judicial satisfaction of the right under review.