Regarding the political system, guidelines were defined to reach a greater balance among the Branches and to reestablish the democratic process in the political and institutional scope. The content of the Fundamental Health Law, product of the debates between the Executive and the Legislative Branches, is very comprehensive and positive as to the guarantees of rights, especially when reasserting the universality and comprehensiveness guidelines and the definition of the Executive responsibilities in the three government levels.
Even with the political administrative decentralization guideline, a series of competencies are asserted for the national management of SUS, represented by the Ministry of Health. The National Executive would be responsible for the necessary regulation in order to lead the policy according to SUS principles and a series of assignments in strategic areas. What could be observed in subsequent years, however, was that fragmentation in the direction of policies and the excessive federal normatization in some areas harmed the understanding of the direction of national policy.
Moreover, there are significant gaps in the performance of the Ministry of Health in the field of human resources and inputs, which are revealed in the state and municipal levels and harm health care in its universal and integral perspective. The Legislative action during the establishment of SUS expresses on one hand, an agenda in total accordance with the Executive demands. The Legislative in the past twenty years has been the main voicer of policies defined by the Ministry of Health, even those which, to some extent, oppose to the right to health principles and guarantees. Within another perspective, the Legislative also expresses a sharp fragmentation, predominantly responding to legitimate demands, though specific to certain groups.
Such demands gain space and become specific laws as the Constitution's guidelines and the LOS aren't completely fulfilled. On the other hand, they generate contradictions regarding a broader and more universal conception of a right. The performance of the Judicial Branch and the Public Prosecution, - oriented as of by new constitutional rules that changed and expanded their attributions - bring out contradictions and dilemmas to the right to health in Brazil, questioning not only the Executive, but the balance made by the Legislative.
Acting as an intervener and defender of the rights and putting in practice its autonomy and insulation, the Judiciary itself can be questioned because it leads determinations that sometimes collide with the right to health. The disruption between Branches reveals how important it is to improve checks and balances mechanisms and dialog among public institutions that operate guaranteeing the SUS principles.
Even if there have been advancements, it is still the State's great challenge, as a whole, to guarantee democracy and perform the role of mediator of interests and demands, establishing priorities and acting in a balanced manner, considering collective wellbeing and not only responding to the interests of specific groups.
CV Machado was responsible for the discussion on the policies defined by the Ministry of Health. LD Lima was responsible for collecting and analysing the data of the judicialization process.
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The creation, development and revision of this article was equally done by the authors. Tojal SBB. Cittadino G. In: Vianna LW, organizadora. Fiori JL. In: Sallum Junior B. Souza C. Lima LD. Rio de Janeiro: Ed. Figueiredo AC, Limongi F. Executivo e Legislativo na nova ordem constitucional. Amorim Neto O. Almeida MHT. A democracia brasileira nos anos Instituto Internacional de Gobernabilidad, Biblioteca de Ideas. Em busca do dissenso perdido. Rio de Janeiro: Insight; Oliveira F.
O ornitorrinco. Carvalho JM. Aureliano L, Draibe SM. A especificidade do "Welfare State" brasileiro.
Economia e Desenvolvimento. Fagnani E. Baptista TWF. Seguridade Social no Brasil. Dain S. Economia e Sociedade ; Faveret ACSC. Cien Saude Colet ; 8 2 In: Vianna LW, organizador. Machado CV. Santos WG. Gadelha CAG. Cad Saude Publica ; 21 2 Borges D. Romero LC.
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All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License. Services on Demand Journal. The Constitution and the SUS establishment context The CF88 is considered one of the most progressive constitutions in the world because it comprehends a generous spectrum of civil, political and social rights 2,3. The action of the Executive and Legislative Branches in the right to health The reform project contained in the CF88 presupposed a new State intervention model regarding health and the reconfiguration of the role of the three government branches.
In general, three trends in the approach to right to health in the laws were settled in the beginning of the s, especially as of , expressing contradictions and dilemmas to guarantee the right to health: - Laws that reaffirm the right to health comprised in its reach, as determined in the CF The guarantee of the right and the judicialization of health As from the end of the s the number of legal orders has increased exponentially, most of which attempt to guarantee people's access to medicine, diagnostic and therapeutical procedures.
Perspectives to guarantee right to health in Brazil CF88 established, in the scope of social protection, the extension of a series of rights, especially Social Security and the acknowledgment of health as the social right of a citizen and the State's duty.
The Forest Code was established by Act n. Meio ambiente : setor florestal. The first book includes legislation on tax competence, taxes, charges, specific benefits charges, revenue sharing. The second book rules on tax legislation, tax due, tax credit and tax administration. It resulted from the work of a Committee formed by a small number of famous jurists, assigned to present a bill for the Consolidation of all Labor and Social Security legal instruments. No contribution was received from the National Congress which, at the time, was kept inactive by the President of the Republic.
Rio de Janeiro: Forense , The Child and Adolescent Statute was passed into law in Act n. CURY, Munir. The Ministry of Science and Technology is responsible for the conception and enforcement of the National Policy on Science and Technology, in accordance with provisions established in Chapter IV of the Federal Constitution.
The Ministry was created on March 15, , by Decree-Law n.
Its province includes the national scientific and technological heritage and its further development; its related policy on cooperation and interchange; definition of the National Policy on Science and Technology; coordination of sector policies; and the national policy on research development, production and use of new high technology services and materials. Its web page offers access to such legal instruments as acts, decrees, presidential temporary measures, administrative directives and other normative acts related to science and technology activities in the country.
The Customs Regulations result from the amalgamation of all provisions on customs legislation Decree n. The Foreign Trade Tax Legislation is directly related to the import tax on foreign products II , the tax on industrialized products IPI and the export tax IE and also to contributions, charges and foreign exchange infractions related to import and export activities. Power to enforce foreign trade policies in Brazil is assigned to several ministries. Respective homepages display all customs and foreign trade legislation. The Constitution has established all duties binding the family, the society and the State regarding children and adolescents.
The Political System of Brazil
Among others, the special nature of labor by minors was established in following items of paragraph 3, article The Constitution further establishes that minors under eighteen years of age may not be held criminally liable; instead they shall be subject to the ruling of special legislation. It also determines that the law shall severely punish abuse, violence and sexual exploitation of children and adolescents. It provides for adoption, its cases and conditions, which shall be assisted by the Government.
In order to address the new constitutional framework and to comply with the latest policy of integral protection to children and adolescents, new legislation was needed: thus the Child and Adolescent Statute came to pass Act n.
Rio de Janeiro: Destaque, Rio de Janeiro : Renovar, Subjects are indexed, though without hyperlink; in order to access any item, you will have to note the number of the legal instrument and return to the Homepage. It is based on article 5. All agencies dealing with Consumer Protection are subordinated to the Ministry of Justice. Its homepage supplies all resolutions published on the subject.
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It also offers links to agencies related to conpetition protection in foreign countries. Oliveira , Curso de direito do consumidor. Rio de Janeiro: Forense , Rio de Janeiro: Forense, Campinas: LZN, Campinas: Aga Juris, Another remarkable research source on educational legislation is the homepage of the Instituto Nacional de Estudos e Pesquisas Educacionais National Institute of Studies and Research on Education , which has developed a system called Sistema ProLei Program of Integrated Educational Legislation , where you may access federal, state or municipal legislation on the matter.
LDB comentada. Belo Horizonte : EdiTau, These Resolutions update the electoral process. The Higher Electoral Court homepage also supplies information on electoral legislation. Direito Eleitoral Brasileiro. Belo Horizonte: Del Rey, Direito eleitoral. Starting with the Stockholm conference in , several normative acts were established aiming to protect the environment. Brazilian legislation on the matter is rather comprehensive, starting with the Federal Constitution, encompassing the Criminal and Civil Codes.
There is also specific and supplementary legislation at federal, state and municipal levels. Conselho Nacional do Meio Ambiente. Ambiental, Elementos de Direito Ambiental brasileiro. Rio de Janeiro: Thex, Oliveira, ISBN X. O que o Brasil precisa saber sobre o Mercosul. The basic legislation ruling the Social Security System in Brazil encompasses:.