Políticas de financiamento da saúde : possibilidades a partir do federalismo cooperativo horizontal.

Abstract

The current investigation has as its study objective to answer the research problem proposed, that is: to verify whether, from the systematic reading of the Federal Constitution of 1988 and the diagnosis of the public health system of the Associação de Municípios do Alto Uruguai – AMAU (Association of Municipalities of Alto Uruguay) in the period from 2018 to 2021, there is a necessity for municipalities to implement financial and/or tax public policies based on horizontal cooperative federalism, starting with an integrated and sustainable planning of municipal public health? Thus, in order to support the proposed research, the constitutionalist José Joaquim Gomes Canotilho was used as base theory, recognizing the importance of the dialogue proposed parting from the Constitution itself, as he takes it with an open texture, which transmits the ability to learn constitutional norms, enabling changes in reality by being open to changing concepts, both of truth and justice. For that, this work has been structured in five chapters, in which the theoretical construction gets diluted through the inductive methodological technique. In addition, the study made use of documentary and bibliographical research, including data collected from websites of official, national and international bodies. This thesis was submitted to the Law Post-Graduation Program – Masters and Doctorate, in the Concentration area of Social Rights and Public Policies, at the University of Santa Cruz do Sul – UNISC, as partial requirement for obtaining the title of Doctor in Law. As it deals with themes correlated to the studies conducted by the Program, such as “Public Policies”, “Health”, “Intercity cooperation”, e “Human Dignity”. The research is symmetrically aligned to the academic advisors’ field of research, “Tax Law and Public Policies for social development and inclusion” and “Local development and Public Policies” and its potentialities in front of the concretization of Brazilian Federalism. As so, based on the structure proposed, the desired result intended with this thesis preposition is achieved, leading to the conclusion of the necessity for municipalities to create financial/tax public policies of public health in the local and/or regional sphere, reason why the local and regional interests connected to the fundamental objectives of Brazil’s Federative Republic will be able to be better legally instrumentalized, translatable in the current thesis through the execution of the State’s duties involving its citizens health.