O controle das contratações públicas no âmbito dos serviços municipais de saúde pública
The main goal of the present dissertation is to analyze the administrative contracts established with private partners when offering health services within the Sistema Único de Saúde (SUS) and the respective modalities of control over it. The deductive method is adopted on the study of the legisl...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/25813 |
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| Resumo: | The main goal of the present dissertation is to analyze the administrative contracts established
with private partners when offering health services within the Sistema Único de Saúde (SUS)
and the respective modalities of control over it. The deductive method is adopted on the study
of the legislation to this subject and on the bibliographic research that supports this
discussion. The work is divided into four parts. At first, it was presented a philosophic
perspective with the insertion of health care as a social right integrated with a justice concept
formulated by society as a hypothetical original position. The principles of justice determine
how the individual exercises its instruments of freedom and the set of basic rights that
guarantee individual‟s freedom and social equality. Health Care assistance is exposed as a
condition for citizens to be subject of rights. Subsequently, considerations were made over the
rights to health care within the Brazilian juridical order and the specific characteristics of this
public service that can be provided both by the State and private initiative. SUS and other
institutions like the National Supplementary Health Agency and the Brazilian Hospital
Services Company work together to conciliate public and private activities. For the
complementary participation of private initiative at SUS, the most frequently forms adopted
by Health Institutions are analyzed. With that, the legal dogmatic of the administrative
contracts in Brazilian law is presented to understand the adjustments that were made. The
pertinence of the prerogatives of the Public Administration regarding the private partners in
the health adjustments are questioned for the subsequent analyses of the most frequent types
of public contracting in the Municipality of Natal/RN with the cooperatives and other private
entities. The importance of control over Public Administration its shown as a facilitator tool
that will guarantee social right to health as far as it is promoting necessary regulation over
administrative contracts to foment its efficiency. The modalities of administrative control,
legislative (with emphasis on the Court of Auditors) and judiciary are reexamined, as well as
suggested the increase of social control. Social control is important from the formulation of
public policies to the production of goods and services to assure collective interests. Although
it is under a construction process, this control must be strengthened as a new instance to
supervise acts of the Public Administration. The restructuration of the idea of justice over
health by individuals is suggested so that through the tools available by the Brazilian legal
system this service can be developed. In conclusion, it was presented that the ideals of public
health care will be strengthen by a set of measures, as a multifactorial response of society,
public administrators and of the legislative and judiciary for the development of this sector. |
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