Os custos dos direitos sociais e o uso do princípio da reserva do possível para controle do orçamento da administração pública nas ações fundadas no direito à saúde

• Autor(a) principal: Schneider, Apoleon Andrew Ochs
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5827
• topic: Direitos sociais; Direito à saúde; Reserva do possível; Orçamento público

This work sought to analyze whether in view of the constitutional provision of the social right to health and the costs involved in its implementation, the principle of reserve of the possible is feasible as a defense of the municipal public administration budget in sues based on that right. For that purpose, samples of the municipal budget of Tubarão were presented with the costs that judicial convictions represent in the total of the expenses in health care. After, the data was confronted with the jurisprudence and the relevant doctrine of the reserve of the possible and its use in court. Bibliographical and documentary research was used for data collection, with a qualitative approach at the exploratory level. The results found were that judicial convictions based on the right to health represent a large proportion of the total expenditures of the municipality and based on the constitutional norm of social rights it is possible to financial harm the society for the sake of a single individual in order to satisfy the universal right to health. It was concluded that although there is a possibility of the municipality to use the reserve of the possible as a defense, the chance of success is reduced because it depends on many factors, but mainly on the Judge's personal opinion and morality since there is a lack of limits for the use and application of the constitutional law.