ANÁLISE ECOLÓGICA DO DIREITO FUNDAMENTAL À SAÚDE: DA JUDICIALIZAÇÃO SIMBÓLICA AO SILÊNCIO ELOQUENTE DO SISTEMA E DAS ORGANIZAÇÕES JURÍDICAS
DOI:
https://doi.org/10.5935/2317-2622/direitomackenzie.v14n214045Keywords:
direito à saúde, análise ecológica do direito, direitos fundamentaisAbstract
The article proposes an ecological analysis of the fundamental right
to health when considering the impact that its programming causes in the environment
formed by individuals and social systems. Based on a critique of the
ecological deficits of the approaches normally taken on the effectiveness of
the fundamental right to health, it analyzes how different patterns of approach
at the micro and macro levels contribute to the low realization of these rights.
Refusing skepticism regarding the constitutional realization of these rights, as
well as their symbolic-diabolic use in their judicialization, it evaluates the impacts
of actions and omissions of the legal system and its organizations in the
non-generalized inclusion of individuals in the health system. Finally, it seeks to
demonstrate the critical potential and emancipatory possibilities of the legal
structuring of the heteroreflexive product of the ecological analysis of law.
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