Dissertações

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Navegando Dissertações por Orientador "Bucci, Maria Paula Dallari"

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  • Dissertação
    A judicialização da saúde e a desarticulação governamental : uma análise a partir da audiência pública de saúde realizada pelo Supremo Tribunal Federal
    Brito, Patricia Ribeiro (2014-08-05)

    Direito

    Judicialization in Brazil is a recent phenomenon and can be summarized as a way to achieve the health care needs through judicial decisions. Due to the large number of lawsuits involving public institutions with budget and administrative repercussions of broad scope, the Federal Supreme Court, in 2009, convened the 4th Public Audience on Health to discuss the phenomenon of judicialization of health, particularly in access to drugs, its causes and consequences, and also as legitimacy for its decisions. The greater political participation of the judiciary in the protection of fundamental rights is a product of the Brazilian constitutional model, and it is inevitable. Although, judicialization could be understand as confrontation with the executive and legislative branch. This confrontation is perfectly harmonized with democratic and republican principles, and contributes to its improvement. The dialogue and the integration should be the link between the State towards fulfillment of social rights, especi lly the right to he lth. After the Public Au ie ce of He lth, there w s t a change in the p tter of ecisio s of the Superior ourts, s it s evi e t th t the effect of ju ici liz tio can reflect mismanagement in access to drugs and public underfunding of national health policy, secondary to government disarticulation. An inclusive institutionalization of Brazilian society is the way to face old and new challenges with efficiency and lower public spending for achieved the social right in health.
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    Dissertação
    A regulação estatal e o controle judicial da saúde suplementar como fatores de efetivação do direito à saúde: direito social e do consumidor
    Fabretti, Fernanda Massad de Aguiar (2014-12-18)

    Direito

    This paper presents an analysis of the constitutional right to health as a social right, as well as consumer rights as provided by the private sector as supplemental to the provision of services directly by the state. The analysis is about the general and specific consumer s rules for the private health sector, as well as statistics and case studies that demonstrate the growing membership of private health insurance by the Brazilian population as well as the constant violation of the rules imposed on the sector by the plans operators. Being the health a subject of public relevance although provided by the private sector, suffers strong supervision and regulation of the state, with specific regulatory agency, established. Then we analyze the quality of the supervision of the National Health Agency, as well as the judiciary in ensuring the right to health as a social right and the right of the consumer, which should result in the reduction of the demand for the judiciary about issues related to sector.