Políticas públicas e a construção do conteúdo material do direito à saúde: desafio à administração pública brasileira

Abstract

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."