O direito e o custo dos direitos: análise das despesas do estado brasileiro com ações e serviços públicos de saúde

Abstract

The fundamental rights, in line with human rights, are understood as legally contestable rights, having the state as the holder of the duty to satisfy them. Therefore, the state needs resources, since the realization of fundamental rights also implies that public expenditure. The dichotomy between positive and negative rights and rights generations is overcame, presenting them as public needs that must be reached with public funds. Into this perspective, the rights (all of them) have costs; each fundamental right corresponds to a state duty; and the cost of each right does not necessarily correspond to the same cost of the duty of the state, since the state must maintain an efficient administrative structure to satisfy them. The federal constitution established a consistent criterion of efficiency in the usage (expense) of a minimum amount of tax revenue, each federation being, in actions and public health services, although the funding sources for rights related to health are not restricted to taxes, existing contributions to the social welfare system. This study analyzed the right to health from the perspective of cost and assessed the compliance with the duty of states and the union inscribed in the constitution under the legal criterion of minimum expenditure during the period of 2013 to 2015.