A utilização dos mecanismos da análise econômica do direito à saúde: contexto da efetivação constitucional

Abstract

From the promulgation of the Constitution of 1988, the social right to health was enshrined fundamental, with universal and equal coverage. Still, seeks greater realization of this right. This scenario provides discussions on the scope and limits of the effectiveness of the right to health, as the lack of resources is a recurring problem in the Unified Health System. In this context, this paper proposes an analysis of the school’s mechanisms of economic analysis of law ommitted to the element to achieve the means and social purposes, in an attempt to maximize the greatest number of interests at the lowest cost. Starting from these premises, aims to verify the feasibility of using the economic analysis of law in the application of the Brazilian public health system. Therefore, blunts analyze the premises of the economic analysis of law employed, in particular, The Health System – (SUS). The expansion and qualification SUS it depends on efficient allocation of financial resources and the useful economic prognosis in maximizing the right to health. In order to provide solutions to financing the SUS, addresses the budgetary powers of the Union, states, municipalities and the Federal District with a view to analysis of mandatory minimum percentage for health. To carry the right to health is necessary a series of measures by the State as sufficient funding and management. Finally, it concludes that the economic analysis of law can be used as an economic tool. As an alternative to increase public funding for health proposes to regulate the wealth tax that has constitutional provision.