POLÍTICAS PÚBLICAS DE PREVENÇÃO EM TEMPOS DE CRISE SANITÁRIA

O PARADOXO DAS COMPETÊNCIAS MUNICIPAIS SOB A PERSPECTIVA DO PRINCÍPIO CONSTITUCIONAL DA INTEGRALIDADE

Abstract

The COVID-19 pandemic, in addition to the serious health problem, also tested the responses traditionally given by the State to face the problem of health care. The pandemic control strategies in accordance with the guidelines established by the World Health Organization recommended social isolation, so that several restrictive measures had to be taken to comply with these guidelines; however, the effectiveness of these measures is directly associated with the local Police Power, which is constitutional and traditionally exercised by the Municipalities. These in turn – who already suffer from the scarcity of resources transferred by other federated entities – tend to be overwhelmed by the new increase in epidemiological surveillance actions, which started to demand a demand never seen before. The transfers to face the health crisis, if they were not few, had little or no margin of discretion so that the manager could apply them according to their local needs, including in actions to effect the police power. This work proposes to investigate whether this division of competences is compatible with the Principle of Integrality of the SUS, following on this investigative path the verification of the hypothesis that the Principle of Integrality of the SUS may, in light of Ronald's theory of Law as Integrity Dworkin, justify the departure from the rules that eventually impose greater rigidity in the application of resources to combat COVID-19 whenever the application of the rule is an obstacle to the achievement of a social rule of equity and justice.