A crise do federalismo sanitário: uma análise a partir da aplicação das políticas públicas municipais

Abstract

The health federalism crisis is a subject that prevails today, having emerged in the Covid-19 pandemic: the legislative shocks edited by the federative entities due to their constitutional nature of concurrent competence, sanctioning administrative law and judicial activism are the three behavioral pillars that trigger the health crisis. In this context, the characteristics of fundamental rights will be studied and the application of public policies in the regionalized cut, by the municipalities. Thus, it is evident that the problem of the theme revolves around the following question: to what extent can municipal public policies interfere in the context of the application of fundamental rights in the face of the health federalism crisis? The study of the chosen theme is important because, in addition to being a contemporary situation, the application of public policies in the light of fundamental rights within public health can be the object of improvements for society and the prevention of future health crises. Among the desired objectives, the general one seeks to establish a proportional conduct between the application of public policies in the municipalities within the application limits of the fundamental provisional rights. The specific objectives are: to investigate the health norms, to observe the sanctioning administrative policies adopted, to identify public policy strategies that can be used to improve the crisis, to expand the study on health federalism and to analyze the fundamental provisional rights, in the light of the law constitutional approach to health from the behavioral perspective of facing the crisis of federalism. The research procedure adopted was bibliographical, jurisprudential and documental, with a qualitative approach. As methodological procedures, hypothetical-deductive research is used, raising the hypothesis that the cooperative federal state can be the possible solution to the problem pointed out. It is concluded that: the theme is substantiated in the Federal Constitution of 1988, but it still needs more in-depth studies and investments to resolve practical issues, especially with regard to the application of public policies in the area of health in the face of administrative sanctioning instruments and the position of application of provisional fundamental rights in the health crisis.