THE FEDERATIVE AGREEMENT AND THE IMPLEMENTATION OF PUBLIC HEALTH POLICY IN BRAZIL

The right to health is an inherent basis for the dignity of the human person. However, the increasing difficulty of access to public services of this nature is evident, leading citizens to routinely appeal to the judiciary to see their rights guaranteed. Faced with this, the following question arises: why is the Judiciary so active in resolving public health issues that the Executive is responsible for executing? In order to answer the problem, our hypothesis is that there is an incongruity between the institutionalization of the powers of the federated entities and the budget composition, which impedes the implementation of public health policies. The objective is to clarify the distribution of powers and revenues among the federated entities to analyze the possible relation of their incompatibility with the administrative inefficiency of the State. The analysis begins with an explanation of the legislation applicable to the Unified Health System, to explain the way of operationalization and the division of competencies by health services among the federated entities. After that, the study on the feasibility of costing public health in Brazil, clarifying the sources of revenue and the percentages of participation of the entities in the national tax collection. Finally, the analysis confirms the hypothesis.

Public policy; Health; Judicialization; state capacity; Brazil