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Dissertação
Politicas públicas, orçamento público e judicialização da saúde: o papel do Ministério Público na garantia do acesso à saúde em tempos de pandemia
The vocation of the Public Ministry is to act in favor of the effectiveness of the right to health, since the actions and services aimed at guaranteeing it have public relevance (Article 197 of the Brazilian Constitution) and are in the interest of the community, being unavailable. Based on this...
Autor principal: | Bernardes, Fáustone Bandeira Moraes |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2024
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/6752 |
Resumo: |
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The vocation of the Public Ministry is to act in favor of the effectiveness of the
right to health, since the actions and services aimed at guaranteeing it have
public relevance (Article 197 of the Brazilian Constitution) and are in the interest
of the community, being unavailable. Based on this assumption, a main
question is established as the generating problem of this dissertation: in the
outlined time frame, did the MP satisfactorily use the legal instruments to
guarantee access to health, more specifically, access to hospital beds and loss
of vaccines? The hypothesis is that the MP-TO has important legal instruments
to satisfactorily use the legal instruments to guarantee access to health, more
specifically, access to hospital beds and loss of vaccines. The general objective
of this dissertation is to evaluate the actions of the Public Ministry of Tocantins
with problems generated by the pandemic, such as the supply of beds and loss
of vaccines. As specific objectives, it is expected: to address aspects related to
public policy, public budget and Public Ministry, where the concept of public
policy and the ways of measuring its effectiveness are described, as well as to
describe the role of the public budget as a means of implementing public
policies and discussing the Public Prosecutor's Office and Public Policies;
describe the constitutional weaknesses in facing public policies in the health
area in times of the covid-19 pandemic, highlighting the problem of the
constitutional powers of federal entities and mentioning the jurisprudence on the
constitutional crisis and data on the pandemic in Brazil and how the covid-19
pandemic was faced in the State of Tocantins and in its municipalities and
describe the MP-TO, its organization and the Public Policies in the area of
health and evaluate the performance of the MP-TO to guarantee the Public
Health Policies in the Pandemic from covid-19. This is a descriptive and
exploratory study with a qualitative approach. This approach was chosen due to
the difficulty of finding all numerical data on the subject addressed in this
dissertation. The universe of the research are MP-TO actions regarding vaccine
losses. The unit of analysis will be the CAUSAÚDE (Health Operational Support
Center) and the actions proposed by the MP-TO in the period 2021 and 2022
will be analyzed. It was possible to verify that the Public Prosecutor's Office of
Tocantins acted continuously in the face of covid-19, however, some questions
cannot be answered, especially those related to the decrease in deaths by
covid-19 due to the actions of the Public Prosecutor's Office of Tocantins . In
any case, it was possible to verify the actions of the Public Ministry of Tocantins
to face the covid-19 pandemic, demonstrating that, as far as possible, it used
the legal instruments it had to guarantee access to health, more specifically,
access to hospital beds and losses of vaccines. |