Banca de DEFESA: Glaucio Ney Shiroma Oshiro

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Glaucio Ney Shiroma Oshiro
DATE: 11/10/2024
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWEyYjkxNzMtYTc5NC00OWFmLTg4NGUtNmYxMDhkNDJhY
TITLE:

THE RIGHT TO HEALTH AS INTEGRITY: BETWEEN DIGNITY AND FINANCIAL INSUFFICIENCY

 

KEY WORDS:

Health as a right. Financial insufficiency. Existential minimum. Law as integrity. Equal concern and respect. Dignity.

PAGES: 141
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis aims to investigate the phenomenon of the judicialization of health policies in Brazil, focusing on the main precedents established by the Brazilian Supreme Court (STF) on the subject. The main objective of the research is to analyze how the financial capacity of patients, who are the most direct participants of the judicial drama, can be taken as a legally valid criterion for favorable judicial rulings in cases concerning public health services provided by Brazilian Health System (Sistema Único de Saúde - SUS), especially from the point of view of the legitimacy of the law and its ethical analogues. Based on the principles of equal concern and respect and dignity, the study questions whether the establishment of financial insufficiency, practically a dogma, maintains a relationship of integrity with the community of constitutional principles, especially with regard to admitting, as a central requirement, a deeper evaluation of whether there exists a claim that should be legally protected in court. The research also examines, in symbiosis with the financial insufficiency, how the existential minimum has been used in the judicial reasoning, as well as seeking to explore the ethical and moral implications, integrated with each other, of restricting the universality of health as a right based on socioeconomic conditions. This restrictive scenario erected by the Supreme Court is evaluated from a perspective of law as integrity, which allows the identification of the conception of law by which the STF is attracted when exulting this position. The work argues that the current practice insolently disregards universality and compromises health as a right. Finally, the research suggests the need to adapt the criteria adopted by the Court, proposing an interpretation that is reverent to the community of principles, since financial insufficiency becomes inequality and the existential minimum becomes the remnants of scarcity. In conclusion, the thesis highlights that the most comprehensive understanding of what the Constitution establishes for the right to health depends on understanding it in the best light of equal concern and respect, which expands the notion that dignity is indivisible.

COMMITTEE MEMBERS:
Externa à Instituição - ELIDA GRAZIANE PINTO - FGV
Externo à Instituição - FRANCISCO RAIMUNDO ALVES NETO - UFAC
Presidente - 1905321 - GUILHERME SCOTTI RODRIGUES
Interna - 1904522 - JANAINA LIMA PENALVA DA SILVA
Interno - 321346 - MENELICK DE CARVALHO NETTO