ADI Nº 5,595 AND THE DEFUNDING OF HEALTH

Abstract

The work investigates the underfunding of the Unified Health System and promotes the analysis of the Direct Action of Unconstitutionality nº 5.595, in addition to correlating the meta-principle of the Dignity of the Human Person, present in the ratio decidendi of the control action concentrated in comment. Using hypothetical-deductive and literature review methods, it brings to light historical and contemporary conceptual notions about the Right to Health as a constitutional commandment enshrining the Right to Life itself, both in terms of human rights and constitutional and infraconstitutional. The main objective is to analyze the reflections of this judgment as well as its practical effects on the effective right to health and on the implementation of public policies arising from it, provided by the State - here as a federative Entity in a broad sense, since the Union, Member States, Federal District and Municipalities, within the scope of their constitutional powers, must provide health care, one of the tripods of Social Security. In the end, it is concluded that the underfunding of the SUS by its own managers constitutes a serious obstacle to the effective exercise of the right to health and the right to life itself.