Discute as “políticas públicas como instrumento na
construção democrática do conteúdo material do direito à saúde”, apresentando a configuração desse direito na Constituição Federal brasileira ao longo do tempo.; "The article reflects on the use of the concept of public policy as a tool in building
democracy from the substantive right to health. To achieve this goal, I conducted the following
theoretical development at work: (i) initially, are presented the outline of the constitutional
design of the Brazilian government (especially regarding the reduction of administrative
discretion, and the forecast of several mechanisms for popular participation in routes of
administration), (ii) following is worked out the issue of health, verifying initially some
meanings attributed to the term over time, from that, the constitutional right to health is
presented, defining its fundamentality material and formal, as well as its dimensions defensive
and Benefit, and (iii) then, I introduce the theme of public policy with the study of its meaning
in law, and is shown as part of the concept of public policy the popular participation in their
development process, implementation and evaluation and, finally, is crafted using the concept
of public policy as a tool in the construction of the material content of the right to health,
made possible through the democratic struggle for the government to enter people's
participation in their decision making. Then I present the conclusions of the work."