Sistema Único de Saúde

SAMU professionals performing urgent care.

This principle can be obtained from the definition of article 196 , which considered health as a "right of all and duty of the State". Thus, the right to health is a fundamental right of any and all citizens, being considered even a stone clause, that is, it cannot be removed from the Constitution under any circumstances, as it constitutes an individual right and guarantee, according to Section Do Legislative Process , article 60 , paragraph 4, item IV.

Free distribution drugs being produced at the FURP factory in Guarulhos .

Completeness, according to article 198 , in item II, confers on the State the duty of “comprehensive care, with priority for preventive activities, without prejudice to assistance services” in relation to the access that any and every citizen is entitled to. For this reason, the State must establish a set of actions that range from prevention to curative assistance, at the most diverse levels of complexity, as a way of implementing and guaranteeing the postulate of health.

“Man is an integral, bio-psycho-social being, and he must be served with this integral vision by a health system that is also integral, aimed at promoting, protecting and restoring his health.” [ 34 ]

The principle of equity is related to the constitutional mandate that “health is the right of all”, provided for in the aforementioned article 196 of the Constitution. The aim here is to preserve the postulate of isonomy , since the Constitution itself, in Individual and Collective Rights and Duties , article 5 , establishes that “all are equal before the law, without distinction of any kind”. Therefore, all citizens, equally, must have their health rights guaranteed by the State. However, regional and social inequalities can lead to the innocence of this isonomy, after all, a more needy area may demand more spending compared to others. For this reason, the State must treat "unequal unequals", concentrating its efforts and investments in territorial areas with the worst rates and deficits in the provision of public services. In Dos Fundamental Principles , article 3 , items III and IV, the Constitution is one of the Republic's objectives "to reduce social and regional inequalities" and "to promote the good of all". [ citation needed ] UBS in Paraná , RN .

Equal access (equity principle) does not mean that SUS should treat everyone equally, but rather respect the rights of everyone, according to their differences, based more on the intimate conviction of natural justice than on the letter of the law. law. [ 35 ]

It is established in Da Saúde , article 198 , that “public health actions and services are part of a regionalized and hierarchical network and constitute a single system, organized according to the following guidelines: I - decentralization, with a single direction in each sphere of government [...] ”. For this reason, the Unified Health System is present at all federal levels - Union, States, Federal District and Municipalities - so that what falls within the scope of national coverage will be the responsibility of the Federal Government, which is related to the competence of a State must be under the responsibility of the State Government, and the same definition occurs with a Municipality. In this way, a greater dialogue is sought with the local civil society, which is closer to the manager, to ask him about the appropriate public policies. [ citation needed ]

It is also foreseen in the same article 198 , item III, the “participation of the community” in the actions and public health services, acting in the formulation and in the control of their execution. Social control, as this principle is also called, was better regulated by the aforementioned Law No. 8,142 / 90. [ 24 ] Users participate in the management of SUS through the Health Conferences, which take place every four years at all federal levels - Union, States, Federal District and Municipalities. In Health Councils, there is a so-called parity: while users have half of the vacancies, the government has one room and workers another. Therefore, it seeks to encourage popular participation in the discussion of public health policies, giving greater legitimacy to the system and the actions implemented. [ citation needed ]

Nevertheless, it is observed that the Original Constituent of 1988 did not seek only to implement the public system of universal and free health in the country, in contrast to what existed in the military period, which favored only workers with a formal contract. It went further and also established principles that would guide the interpretation that the legal world and the spheres of government would make about the aforementioned system. And from the reading of these principles, the Constituent concern to reinforce the defense of the citizen before the State is noticed, guaranteeing means not only for the existence of the system, but also for the individual to have a voice to fight for its improvement and greater effectiveness.