Reforma sanitária: o processo de constitucionalização do Sistema Único de Saúde

• Autor(a) principal: Abreu, Rogério Messias Alves de
• Data de Publicação: 2009
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23969
• topic: reforma sanitária; Sistema Único de Saúde; sanitary; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The main objective of this paper is to understand the institutionalization process of Health as everybody‟s right and duty of the State in Federal Constitution of 1988.It begins by describing how the concept of Collective Health was formed, gives an overview of theoretical, political and social basis of the movement for Health democratization, the Sanitarian Movement. It analyses the political and administrative situation of health sector in the period when II PND was valid, and in Geisel and Figueiredo governments, indicating their relations with the 1st National Symposium of Health Politics. In addition, this paper refers not only to the 8th Health National Conference, the pre-constituent of health , but also to its three main themes: 1) health as an inherent right to the citizenship and the personality; 2) Health National System reformulation; and 3) financing of health sector and the main lines of directions to the orientation of constituent process concerning to health. Aiming to overview the new Constitution elaboration process, this work indicates the questions about the legitimacy of the congressional Constituent and broaches the conflict related to the definition of an Internal Regulation. It tries to relate the political and ideological profile of the ANC members to the ideological beddings that had inspired the lines of direction of gradual nationalization, of private sector subordination to the SUS rules and of the prohibition of foreign capital in participating on health actions. This paper analyses the elaboration process of the constitutional text through public audiences and Health, Security and Environment Subcommittee as well as it follows the quarrels, emendations and alteration text presentation in the phase of the Commission of the Social Order. Concerning to the Systematization Commission, this work is about the concentration of decision power which that has culminated in the alteration of the Internal Regulation and gives an overview of the negotiations between the leaderships of the progressive sectors and the conservatives sectors, agglutinated in the called Centrão . Finally, it is related to the negotiations which have resulted in the final text of the Constitution, whose main advantage was to recognize health as an universal and equal right, guaranteed by the State.