Analysis of the implementation of the Social Right to Health in Brazil based on the Comparison between the German Federative Model and Brazilian Health Federalism Alder Thiago Bastos, Renato Braz Mehhana Khamis

Abstract

This study is based on a comparative analysis between the German and Brazilian federal models, seeking to identify whether the low degree of implementation of the right to health in Brazil has any relation to the model of health federalism adopted by the 1988 Constitution. It was found that there is a mismatch between Brazilian health and fiscal federalism, in addition to an excess of powers constitutionally attributed to the Union, which hinders the implementation of the fundamental social right to health in Brazil. For this purpose, the deductive method was used in research supported by the bibliographic procedure, as it is referenced in doctrine, legislation and jurisprudence available in printed and electronic media.