Browsing by Author "Freitas, Carlos Eduardo Soares de"

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    Acesso a medicamentos para tratamento do câncer de mama no Estado da Bahia pelos pacientes do SUS: através da promoção de ação civil pública pela Defensoria Pública da União
    (Universidade Católica do Salvador, 2018-07-31) Gómez, Carlos Gustavo da Silva; Portella, André Alves; http://lattes.cnpq.br/1782631349656661; Freitas, Carlos Eduardo Soares de; Pitta, Ana Maria Fernandes
    This dissertation intends to treat access to drugs for the treatment of breast cancer in the State of Bahia by the patients of the Unified Health System (SUS), through the promotion of Public Civil Action (PCA) by the Public Defender of the Union (DPU). The objective is to analyze the DPU's performance in the State of Bahia in the proposal of the PCA in the promotion and guarantee of the right to health of SUS users, specifically the access to medicines for the treatment of breast cancer in the period from 2009 to 2017. the assumption raised was the one that sought to know if through the interposition of the Public Civil Action, the Public Defender's Office of the Union have managed to implement the right to health in the praxis of users of the Unified Health System in Bahia, in what concerns the guarantee of access to medicines for the treatment of breast cancer. For this purpose, the present research has followed the following paths: 1 - Since the Public Defender's Office was entitled to propose Public Civil Action through Complementary Law 132/2009 and Constitutional Amendment No. 80/2014, there was an increase in proposed Public Civil Actions, especially in the scope of the promotion and guarantee of health in the State of Bahia by the Public Defender of the Union in the period from 2009 to 2017; 2 - Through the management of the Public Civil Action, the Public Defender's Office of the Union has obtained judicial decisions favorable to the compulsory granting of medicines by the Public Power to citizens, users of the Unified Health System, in the treatment of breast cancer; 3 - The judgments arising from the interposition of the Public Civil Action by the Public Defenders of the Union in Bahia have been complied with by the Government when it refers to the granting of medicines to users of the Unified Health System for the treatment of breast cancer; and, perhaps the most important of them, 4 - What sought to know why there was a need for the use of legal instruments by public ombudsmen throughout the country to assert the rights constitutionally guaranteed to all citizens. Finally, the research aims to achieve results, through bibliographical, documentary and qualitative data analysis, to verify if in the praxis the management of the PCA by the DPU has resulted in the realization of the right to health for SUS users in the State of Bahia in which refers to the treatment of breast cancer through access to medicines.
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    Os jovens operários da advocacia: um estudo sobre a precarização do trabalho nos escritórios de contencioso de massa
    (Universidade Católica do Salvador, 2016-03-31) Costa Júnior, Vander Luiz Pereira; Borges, Ângela Maria Carvalho; http://lattes.cnpq.br/3901192008840816; Silva, Antonio Carlos da; Freitas, Carlos Eduardo Soares de
    The modifications in the social, political, legal and above all economic structures in the context of flexible accumulation resulted in significant changes in the lawyers’ work. The expansion of standardized mass consumption, the privatization of essential services, as well as the boom of Law Schools in Brazil, mainly in the 1990’s, marked by the advance of the neoliberal agenda, made arise a new kind of lawyering organization called mass litigation. The offices of this sector of juridical services take on a large number of lawsuits. As a rule, they are simple, of a repetitive nature, with low values and relatively modest fees, mainly because they run in the Special Courts of Consumers’ Protection. The goal of this study was to evidence the new morphology that rocked the pillars of the juridical profession in the mass litigation offices, its causes and consequences. It especially shows the indelible correlation between these kinds of organization and the precariousness of the work, that strikes mainly the young. The study takes into consideration the lawyer who is from 20 to 30 years old and who has had a license to practice law for at most 5 years. The temporal mark was from 2009 to 2014. Furthermore, it was restricted to the ones who work for offices that represent companies in the Special Courts of Consumers’ Protection of Salvador, Bahia. To acknowledge the object, the research used literature review, document analysis and semi-structured interviews of the lawyers who fit the profile. The data identified that the operational feasibility of the mass litigation depends on the automation of the productive process. It also depends on the simple and repetitive work that is ill-paid and has exhaustive work hours. This kind of bond is flexible, uncertain and outsourced. All of those are aggravated by the saturation of professionals in the job market. These phenomena lead to various dimensions of precarious labor. The adverse overview strikes mainly the young, who find in the mass litigation one of the few ways to access the job market. Thus, facing this theme was essential to surpass the smoke curtain that sees the lawyer as a liberal professional who is immune to the precariousness process. It revealed the inhospitable productive scenery of the offices of mass litigation and the intimate relation with the labor hostility that subjugates the young lawyer.
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    Justiça social no financiamento da saúde pública. Análise da alocação de recursos públicos em ações que repercutem nos índices de mortalidade infantil por doença diarréica no município de Salvador-Ba
    (Universidade Catolica de Salvador, 2018-04-30) Maciel, Leonardo Fernandes Puridade; Portella, André Alves; http://lattes.cnpq.br/1782631349656661; Freitas, Carlos Eduardo Soares de; http://lattes.cnpq.br/2215561308867534; Pitta, Ana Maria Fernandes
    With the general objective of critically analyzing the income for health in the city of Salvador-Ba and its relationship with the diarrheal infantile disease due to the absence or inefficacy of the sanitary network, the present dissertation will make a quantified quantitative analysis of the results collected in databases secondary and official groups in order to verify the extent to which there is a direct relationship between the financing of the Single Health System and the implementation of the sanitary network and depletion in the municipality of Salvador, Bahia, with a high rate of infant mortality due to diarrheal disease. in this work as a health indicator. Aiming to assist the implementation of environmental public policies aimed at allocating financial resources to the poorest populations, in addition to highlighting the importance of social determinants in health, this research will investigate the real role of the public financing system in the application, management and budget collection in order to avoid the mismatch between the real demand for public services and economic constraints.
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    A ordem dos Advogados do Brasil e o ativismo sociojurídico
    (Universidade Católica do Salvador, 2018-06-13) Souza, Eduardo Rodrigues de; Cunha, Joaci de Sousa; http://lattes.cnpq.br/7245172604097622; Freitas, Carlos Eduardo Soares de; Cunha Júnior, Dirley da
    The present text is the result of a research that intended to verify the existence of a new way to do politics that reflects directly in democracy as it is known. From the observation of the civil society and its actors, the research searched for results of social and political engagement, particularly of advocacy, through the Brazilian Bar Association, which was defined as social and legal activism. From empirical observation in which its basis consolidated from the annals of the Brazilian Bar Association National Conferences, the research relates this action to historical moments lived in the country, by searching for the social and historical principles which resulted in the constitutional process of 1988. As a form of study, it is verified how this social and legal activism articulates itself with the other well-known or widely studied engagements, especially the legal activism. The annals of the Brazilian Bar Association National Conferences have been elected as research sources due to the characteristics of those meetings which started in 1958 until its edition in 1988, on the eve of coming into force the Citizen’s Letter. Even if the starting idea is to have a focused look from the discussions that resulted in the process of redemocratization, the research presented here goes beyond, by showing the basis of the discussions about the action and participation of the Brazilian Bar Association in society. The research of the conceptual and historical basis show that the Brazilian Bar Association, by fully intending to assert the fundamental rights, has a privileged function in the civil society interlocution and in the mediation of social conflicts, either from society in relation to its actors or from society to the state. That way, the research concludes that such activism is a result of the heterodox performance of the lawyers that are part of the Brazilian Bar Association, with the intention of consolidating rights enshrined in the constitution. Such performance takes place in a way by a certain fundamental duty of advocacy of defending society and the Federal Constitution. To arrive at this result, besides the citing sources, the activities of the Brazilian Bar Association internal committees were also analyzed, as well as some bibliographic research so to delimit the concepts worked and relate them to the points of empirical observation.
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    Políticas compensatórias ao garimpo
    (Universidade Católica do Salvador, 2007-10) Ataíde, Maximiliano Vieira de Toledo Lisboa; Freitas, Carlos Eduardo Soares de; Nolasco, Marjorie Cseko; UCSAL, Universidade Católica do Salvador