HEALTH SEEN FROM THE PERSPECTIVE OF A FUNDAMENTAL RIGHT GUARANTEED IN THE FEDERAL CONSTITUTION OF 1988: THE ROLE OF THE HEALTH PLAN OPERATOR IN VIEW OF ITS INVESTITURE IN THE DUTIES OF THE STATE

Abstract

In recent years, a large portion of the Brazilian population has sought help from Health Plans, this option being a kind of escape from the already so overwhelmed SUS - Unified Health System, contrary to sense, when plan users need it to a more serious event , they find a NO for an answer. It is in this context that Legal Science inevitably contributes, in order to preserve the greater good that is life, as well as the right to human dignity. At this moment, the urgent need arises, through a more refined study of the best doctrine and jurisprudence of the country, to demonstrate in a crystal clear way, that those who trivialize life to the detriment of their own interests are not right. Only through a critical and innovative position, it will be possible to demonstrate that in these cases the life of the human being can never be relativized, the present article makes an overview of the academic works produced on the social assistance to the health, under the democratic look and of the decentralization of the provision of health services, without ever letting go of the principle of dignity, respect for the person, applied methodology and critical success factors. From a critical analysis of the collected data, the main theoretical thoughts related to the theme were described. In the development of this research, the methodological option was made for the systematic literature review, since the objective is to organize, relate and critically evaluate, as other academic articles already published, the doctrine and the jurisprudence of the country are approaching the role of health plans before his investiture in the duties of the State.