Banca de DEFESA: FERNANDA DOS SANTOS SILVA ABDON

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDA DOS SANTOS SILVA ABDON
DATE: 20/06/2023
TIME: 18:00
LOCAL: Ambiente Virtual - https://meet.google.com/xvn-uoua-rfa
TITLE:

THE CRISIS OF SANITARY FEDERALISM: FROM LEGISLATIVE COMPETENCE TO THE EFFECTIVENESS OF MUNICIPAL PUBLIC POLICIES

KEY WORDS:

Sanitary federalism; Skills; public policy; installment rights; sanctioning administrative law

PAGES: 119
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The health federalism crisis is a subject that prevails today, having emerged in the Covid-19 pandemic: the legislative shocks edited by the federative entities due to their constitutional nature of concurrent competence, sanctioning administrative law and judicial activism are the three behavioral pillars that trigger the health crisis. In this context, the characteristics of the provisional fundamental rights and the application of public policies in a more regionalized context, by municipalities, will be studied. Thus, it is evident that the problem of the theme revolves around the following question: To what extent can the application of municipal public policies interfere in the context of the application of fundamental rights in the face of the health federalism crisis? The study of the chosen theme is important because, in addition to being a contemporary situation, the application of public policies in the light of fundamental rights within public health can be the object of improvements for society and the prevention of future health crises. Among the desired objectives, in general, it seeks to establish a proportional conduct between the application of public policies in the municipalities within the limits of application of the fundamental rights of benefits. As methodological procedures, hypothetical-deductive research is used, raising the hypothesis that a cooperative federative state may be the possible solution to the pointed out problem; with a qualitative approach, the specific objectives are to investigate health standards, observe the sanctioning administrative policies adopted, identify public policy strategies that can be used to improve the crisis, amplify the study on health federalism and analyze the provisional fundamental rights, the light of the constitutional right to health from the behavioral perspective of facing the crisis of federalism. The research procedure adopted was bibliographical and jurisprudential. It is concluded that: the theme is substantiated in the Federal Constitution of 1988, but it still needs more in-depth studies and investments to resolve practical issues, especially with regard to the application of public policies in the area of health in the face of administrative sanctioning instruments and the position of application of provisional fundamental rights in the health crisis.

COMMITTEE MEMBERS:
Externo à Instituição - ROBSON ANTÃO DE MEDEIROS - UFPB
Presidente - 2279345 - SERGIO ALEXANDRE DE MORAES BRAGA JUNIOR
Interno - 2199638 - VLADIMIR DA ROCHA FRANCA