The performance in Decree 7508/2011 and the right of access to health services: paths for a post-positivist interpretation

• Autor(a) principal: Carnut, Leonardo
• Data de Publicação: 2016
• Outros Autores: Masseran, Jorge Alberto Mamede
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/318
• topic: Health Law. Unified Health System. Organic Law. Health Legislation. Health Evaluation.; Derecho Sanitario. Sistema Único de Salud. Ley Orgánica. Legislación Sanitaria. Evaluación en Salud.

To empty the right to health in the name of Reserve of the Possible Principle, lawmakers are editing the right to health in its regulations based on managerial thinking. The objective was to demonstrate this thesis through the critical analysis of the notion of performance in Decree 7508/2011, which regulates the regional health systems in the Unified Health System. The purpose was built a theoretical path to the post-positivist interpretation of this infraconstitucional dispositive. For this, we used the narrative review technique described by Rother to have sufficient theoretical framework that expose the values underlying the law text. It was possible to see that the logic had been concretized in performance incentives that contradict the systemic organization advocated for the achievement of comprehensive care in a health region. It can be concluded that the Decree has strong managerial connotation and may restrict the right to users' access to health services within their interpretation going against the canons of the theoretical foundation of Public Health.