Implementation of the Fundamental Right to Health in the Jurisdiction of the Municipality in a Private Relationship Luma Lopes Tavares Rezende, Renato Braz Mehanna Khamis, Verônica Scriptore Freire e Almeida

Abstract

The present study seeks to analyze the way in which health, a social right, is organized within the structure of Brazilian federalism. This is a relevant problem as the Municipality has the constitutional competence to provide health services, but some municipalities, due to insufficient financial resources, are unable to provide the service, making the federative pact designed in the Federal Constitution of 1988. In the end, it was possible to conclude that the participation of individuals, through management contracts, are effective instruments in implementing the fundamental right to health at the municipal level.