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Direito à Saúde (Portuguese Edition)

Este artigo sugere que existe uma necessidade concreta de que os Estados, bem como os organismos de direitos humanos, imponham limites e diretrizes claras ao uso da OC, a fim de proteger os direitos fundamentais das mulheres. Tysiac v Poland , Application no. Ver Pichon and Sajous v. Pichon and Sajous v. No caso de RR vs. Poland , para — Case of Artavia Murillo et al.

EBSCOhost | | A retórica do direito à saúde no Supremo Tribunal Federal.

Alguns desses tribunais deliberaram sobre a OC e procuraram definir os seus limites. Colombia, Corte Constitucional C. A Corte, por exemplo, estabeleceu que: Ver Argentina, Decreto No. Talking about health presupposes positions in the direction of national health policy accompanied by knowledge that materialize the model of care proposed by SUS.

However, considering the various aspects, economic, social, political and cultural, discussing health by combining such approaches may be a not so simple exercise. Although it may be difficult to present, this process provides critical reflections on the practices carried out The practices adopted are not always aligned with the organizational proposal of the national health policy oriented through established flows and processes.

It can be seen through the testimonies of the participantes a certain preference for working in the health field linked to the guarantee of the Law, but also they use the favoring of their peers mediated by the distribution of medicines and technical acts going through the parallel path friendship to reach or SUS; they question about the SUS user by the private health care service and associate prevention, cure, rehabilitation and the right to health with the payment of taxes. The state already had [ It's because they have to sleep in the queue. I do what I can do!

Services on Demand

They ask for medicines to see me [ I live in an area next to BR and people ask me for medicines. I say I only get the medicines with the prescription; A neighbor said: I went for a tooth extraction and it was not removed because my blood pressure was up there. You do not make it easy for me? What if you die in the chair? In the itinerant, we see how much these people need us. Sometimes I get to be taken care of, but there is complaint.

Its not just to be charitable and the person who will treat the pain does not agree to it! To pay the employee, to have income to pay for that exam, the doctor, everything that includes the expense, as they say It is important for us not to be alienated, accommodated, if we can involve individual enlightenment" TE7. No prevention, just the curative part. When I give an explanation, they do not want to know! Although they refer to the legal aspect, the research participants make clear the connection between the right to health and the issue of access, simplified in obtaining the consultation, and medicine that is out of the dimension of promotion.

Note the difficulty that the user faces with regard to access to health care. No different, Silva and Motta 31 in a study carried out with the objective of knowing the users' perception about health policy in primary care, identified the lack of relationship between the concept of prevention and health promotion, although there should be association between the two.

In addition, as of the Constitution, the right to health was embedded in social rights Article 6 , recognized as the right of everyone and the duty of the State, as well as ensuring universal and equal access to health promotion, protection and recovery of health Article 6.

Services on Demand

However, even with the arrival of the SUS and all its proposal, we have to consider the Brazilian health system that mixes diseases of contemporary with communicable diseases which are no longer a problem in more developed societies , mental illness and violence in general; And also the concern about the way in which health expenditures are effected. Thus, it should be noted that most financial transfers by the federal agency are linked to the programs of the Ministry of Health, so that these resources can not be redirected for other purposes.


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Therefore, the municipalities only execute the policy defined by the federal sphere, creating constraints to the administrative independence of the managers Due to this logic, and also in the view of the study technicians, access to care through the SUS still does not contemplate a society with sufficient access and the bottlenecks of services stimulate the growth of demand for private assistance, which may be due to lack of credibility of services offered by SUS, among other vulnerabilities Assured by the Federal Constitution of Brazil, the participation of third parties in health care is expressed in Articles and Therefore, in view of the need to contract complementary health care by the public power, this practice occurs preferentially with non-profit institutions Thus, the complementarity of the SUS is based on the healthcare needs of the SUS users, materializing and justified by the SUS's proven lack of sufficiency in offering health services in line with the needs of users that the private body is prepared to proceed with this offer.

Such user needs relate to the individual's singularity, considering each one in its peculiarities, conferring the attributes of equity. This is defined as the non-existence of systemic differences, which is capable of recovering ethics and justice in relation to distributive values and rules, recognizing that people are unique and different from each other, admits the adoption of different treatments with compensate for these inequalities In this expression, the practice of study participants according to their peculiarities, roots and life baggage is perceptible in such a way as to reproduce the thematic asserted by Da Matta 36 and the way the Brazilian acts to ensure, by refuting the bureaucracy, the their intent, asserting their rights, using their personal relationships or the strength of the knower with whom they are speaking.

In this context, the Brazilian assuming a dubious position, reflected in this strategy, can both signify conformism to the unjust and unacceptable, as well as the survival of the experienced in the day to day Training contents, Health Care and Humanization. The democratization resulting from health reform and contextualized in the public health policy of Brazil requires a harmonious performance between the way of care and health management. Thus, allowing subjects to participate in the process refers to the guarantee of their role both in health and in the training of SUS workers, shifting the sanitary practice over the subject and towards the subject Thus, the educational process is made explicit in the condition of helping people to walk in the direction of learning, since they will never be complete in any stage of their formation, but with an attitude to lead it to the end of their existence In this line, with the advent of SUS, the national public health requires the complicity of the practices of the professional agent with service.


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  • However, it is important to say that the field of health seeks for its mid-level technicians, new formative references in the perspective of promoting students and workers to practice critical and reflective thinking, in order to become competent to care for the other, applying the Knowledge with resolving potential Following the approval of the Law of National Education Guidelines 42 and their respective complementary legal instruments, a new modality in the educational field was instituted in Brazil.

    In reference to Professional Education, said Law is considered a milestone in its form of treatment, by the comprenhensive way that the topic is approached, and by the flexibility allowed to the system and the students. In this sense, the technicians studied perceive the new learning process as a reinforcer for their practices, based on the knowledge learned in the training modeled by the SUS, bringing the triad of knowledge, encompassing know-how, how to do it and personal skills.

    In this tendency, it is understood that the processes of updating and training added to the technical education are positioned as articulators and potential differentiators in the direction of the materiality of the critical and reflexive being expected in SUS. It is expected to minimize the asymmetry between the one who is transmiting the knowledge and the student. It is a relation between the knowledge and the doing where the transmission of knowledge is developed in the logic that there is on one side of the process a holder of knowledge and on the other side that does not know it When we are silent we are being conniving.

    Saber Direito: Curso Direito Fundamental à Saúde - Aula 1

    There are a lot of people to be consulted because the doctor goes out, goes home, has lunch Health should be inserted in the school Doing the procedures with another view. It was theory and practice and every moment of it was wonderful! We were employees, but we did not have access to information; We learn, that we are public servants, we are there to comfort the pain of our neighbor; We did not know about our rights and in technical courses I consider that we have learned the least about our space; Including the question of ethics and practice, was desired, but the other knowledge was well emphasized and contributed a lot; Even when people are complaining we have some argument; and it was usefull to have more awareness of what the SUS is.

    When I get looked for, I can not take it anymore with a " face ache". The school taught to treat others well; dealt with humanization. I left this school, not the same that I entered. I read a lot and who did not learn was because they did not want to, because the school taught right Therefore, the changes in learning involve collective construction, participative and pertinent to local realities, considering also the unique baggage of each professional of what they know about the SUS, since it influenced the rupture of the professional practice of the supported by technical-theoretical knowledge of the body and the disease, for example 40,44, It is also necessary to understand health as a result of a set of actions for disease prevention, health promotion, healing and rehabilitation, materialized through the plurality of knowledge and interdisciplinary and multiprofessional teamwork, including networking In the case of interdisciplinarity, it is observed when there is the alignment between the discourse and the practice of the studied technicians, rethinking about the spaces of the health practiceand the academic spaces, which possibly bring, besides the development of comprehensive care judging by the bond and the listening, the other effective responses to the population in the event of their attendance in any of the care areas Thus, in addition to the challenges inherent to the changes necessary for training and the work process, it was the creation of health workers' training schools in health institutions that attempted to face the changes, bringing the insertion of the curricula compatible with the model social and epidemiological of Brazil Contrary to the process, at the time of the institution of the SUS, the reorientation of the health care model materialized, however, its workers still had a traditional, fragmented training, unbalanced with the SUS proposal, since it was faster Education reform 7.

    Thus, along with the challenges inherent in the changes required for training and the work process, it was the creation of health workers' training schools in health institutions that attempted to face the changes, bringing the insertion of the curricula compatible with the model epidemiological partner of Brazil Within this horizon, the purpose of the SUS-ETSUS Health Technical Schools should be to professionalize workers employed in health services that do not yet have the necessary qualification to carry out their functions.

    Thus, in there were 26 institutions, and the northern region experienced a great emptiness so that to professionalize and certify the workers of this region, courses were held for auxiliaries and technicians through the Nursing School of the extinct Public Health Services Foundation Of the Ministry of Health - SESP Foundation 7.

    North region - 5 schools and 2 training centers; In the west center, are 3 and 1, respectively; Northeast has 8 schools and 4 training centers; West center are 6 schools, 6 traning centers and 1 core training; In turn, the south region has 3 schools and 1 training center It was found that most of the researched professionals can not apply the training proposal defined by the ETSUS signed in the reversal of the biologicist paradigm, which may result from the conflict between the training traditional and technicist acquired by the mediators of learning nomenclature adopted by the formation of SUS, replacing the term teachers leaders the courses and the new model of training by competencies to be provided to the educating professionals, leading to believe in the urgent need to train those mediators.

    It can be concluded that health professionals in this study showed a conception of the right to health according the legislation, although they also associate it with a response to the payment of taxes. As for the concepts of health, the technicians refer to the elements of the Unified Health System policy, among others, promotion, prevention, humanization; although they mention the constituents that shape the expanded concept of health, pointing to education, employment and housing, is clearly showed ,that their health concept is strongly focused on the biomedical model, centered on disease and medicine, making it difficult to reduce the distance between what is practiced and the one proposed by the Unified Health System.

    A estabilidade da desigualdade de renda no Brasil, a Rev Bras Educ Med.

    A retórica do direito à saúde no Supremo Tribunal Federal.

    O desafio do conhecimento: Bauer MW, Gaskell G. Pesquisa qualitativa com texto, imagem e som: J Hum Growth Dev. Stanga AC, Rezer R.