The unconstitutionality of the recovery of health services by social organizations: the case of São Paulo state

ABSTRACT

This article aimed at analyzing the incompatibility between the new legal discipline introduced by Law 1,131, December 27^th, 2010, of the State of Sào Paulo, which allows the allocation of health services of social organizations to private patients or users of health insurance and the current constitutional order, specifically the principle of free and universal access to health, and the human right to health. Therefore, the research was based on the legal theory and the federal and state laws. From the premise of the paper, which consisted on the unconstitutionality of São Paulo legal innovation, it sought to demonstrate, through the exam of the theoretical background inserted in the principle of universal and equal access and content elements of the human right to health, the imperiousness of declaring the invalidity of the Brazilian legal laws.

KEYWORDS:
Social organization; Unified Health System; Right to health