Os contratos de gestão como instrumento de garantia ao direito fundamental à saúde a partir da atuação da Secretaria de Saúde do Estado do Maranhão

Abstract

Although the right to health is expressed in the Brazilian Magna Carta, as a right of all and responsibility of the State, for its effectiveness, partnerships with the private sector are still necessary, through Management Contracts, as a way of materializing this right . The objective of this research aims to analyze whether the Management Contracts between the State Department of Health of Maranhão (SES) signed with entities qualified as Social Organization (SO), are acting as guarantors of the fundamental right to health. Therefore, the research sought to understand the constitutionally grounded right to health, as a right that must be guaranteed to all; explored how the planning and execution of public policies takes place, which is a responsibility of the State mainly for health, and also sought to demonstrate how the right to health is implemented through Management Contracts. For the methodological bases, the essential means for the development of the present study were presented, placing themselves in the deductive method, in the techniques of bibliographical and documental research, as well as in the analysis of content, as a technique for analyzing qualitative data. For the achievement of the bibliographic technique, support was sought in the reference literature and the documentary was obtained through the availability of Management Contracts through SES/MA. The main results were obtained through the documental analysis of the Management Contracts, where the clauses and obligations of the parties were explored, involved in this aspect the evaluations through the State, to attest even, if the private entities would continue as Social Organizations, being this the main requirement for establishing partnerships with the government through Management Contracts. In general considerations, although it is initially assumed that the Management Contracts are guaranteeing instruments of the right to health, due to the lack of supporting reports of this action, it cannot be affirmed assertively, however, it is presumable that the right to health is being implemented, in the to the extent that the government, by amending the Management Contracts, agrees with the permanence of entities qualified as Social Organizations.