MOURA, J. C.; http://lattes.cnpq.br/7904813665830129; MOURA, Jéssica de Carvalho.
Resumo:
The objective of this monograph is to understand the legal basis of the right to health.
The focus will be on the problem which occurs when patients' rights are not
transparent, i.e. they are 'hidden'. In particular, I will consider this question in relation
to the separation of powers or the theory of principle reservation. A deductive
methodology was used to make observations based on an historical legalization of the
right to health. It is essential to understand the direct relationship that this topic has to,
among others, the principle of human dignity, the right to life, and the principle of the
inapplicability of the reserve as possible. Literature contributing to this monograph
includes doctoral theses, legal documents and case law around public policy. The work
described in this monograph suggests that the right to health is dynamic and constantly
needs to be renovated to keep up with the changing needs of society. Understand that
the "Power" is one and indivisible, and, alone, divided into different state functions that
have typical and atypical functions with a single purpose: To ensure that the rules take
effect. Thus, the Judiciary in its operations is required to ensure that fundamental rights
are realized. People are in need of this protection of fundamental social rights, thus
require implementation by the government. Consecration of a dignified life must be
effected by the State as efficiently as possible. Finally, one comes to the conclusion
that there is no need to talk about the violation of the principle of separation of powers
or the reservation of the theory of the possible without legal and factual grounds. This
raises the question of why this is apparently not a matter for urgent state action.