Considerações jurídicas das receitas públicas do Município do Salvador objetivando a efetividade do direito à saúde, conforme o percentual mínimo constitucional e legal

Abstract

The State, in its broad sense, has as its principal objective the attainment of the common good of all. The right to health, because it is inseparable from the right to life and essential to the realization of the dignity of the human person, is part of the rights indispensable to the existential minimum of the individual. According to art. 196 of CF / 88, health is the right of everyone and the duty of the State. Thus, it is perceived that this norm is based on principles, not indicating which instruments are necessary to implement it. Its art. 23, item II, provides that it is the common competence of the four entities to take care of health, while article 24, in item XII, which examines competing competence, is omitted on the municipal competence to legislate on health care. However, this may, foreseen in art. 30, subsections I, II and VI: legislate on matters of local interest (including health) and provide, with the technical and financial cooperation of the Union and the State (in addition to the municipal own revenues) the health services of the population. The effectiveness of this social right will be investigated in the Municipality of Salvador, based on the analysis of official data that outline the Public Policies of this sector, according to the structure of public health financing, based on tax revenue breakdowns inserted in CF / 88 and Law Complementary n. 141/12.