O regime jurídico da atuação privada complementar nos serviços públicos de saúde

Abstract

This thesis examines the ways in which the Public Power provides health services through the private sector. The Federal Constitution of Brazil asserts the right to health to all its citizens and assigns the State the responsibility to guarantee such right. For this purpose, complementarily to its direct or indirect action, the constitutional rule authorizes the State to avail itself of the private sector. This paper addresses the most relevant aspects on the subject matter: what is public service? Can the health services provided by the State be considered as public services? Which public services can be deemed as health services? Are there and, if so, what are the constitutional limits for the State to avail itself on the private sector to complementarily provide health services? After examining these questions, this essay presents the public health services provision regimen, approaching both public and private forms of provision. The private forms of provision are prominent in this paper. Therefore, they are more intensively investigated in order to present its requirements and particularities. Towards the end, this thesis presents the notions that shall guide the choice between the public and the private form of health services provisions in pursuance of assisting the Administration in fulfilling its obligation