O controle de constitucionalidade das políticas públicas de saúde: uma análise comparada das experiências do Brasil e do México

Abstract

The present work used bibliographic and documentary research strategies to investigate the similarities and differences between Brazil and Mexico along with the relationship between public health policies and the control of constitutionality of norms in the face of judicialization processes. Data collection came from scientific articles, books, magazines, reviews, legislation, official websites and government platforms from two nations. The consequence of this study evaluated the way in which the right to health was affirmed, organized and structured in both countries, considering, for this purpose, also the means of funding and division of competencies in relation to the activities developed to solidify this Human Right. Regarding judicial review, the research defines the forms of its materialization, conceptualization, mechanisms, delimitations and attributions. In both cases, an investigation was carried out regarding the evolution and historical substantiation of the topics covered. For a better definition and contextualization of strategic items, the relationship between themes and the position of norms and the federated form of the State was glimpsed, since they define competencies, equate resources and their limits and, in this way, escalate priorities. Next, the intricacies related to the judicialization of public health policies were analyzed, from the perspective of validating these rights as constitutionalized norms. At this point, it was a question of observing the existing relationship, both in Brazil and in Mexico, with regard to the judiciary's search to resolve controversial issues related to the right to health and its positiveness, from a perspective of using health control tools. constitutionality, whether in the widespread or specialized modality, to achieve success in meeting the demands. To this end, there was an assessment of the relationship between these data and judicial activism, in an investigative discussion of the selected audiences, in Brazil and Mexico. Finally, all the data found was compared critically, in order to highlight the similarities and differences in the contents researched, in an effective exercise of the specific guidelines for comparative law.