O controle coordenado da reserva do possível para o atendimento do mínimo existencial: o papel dos tribunais de contas

Abstract

This study aims to demonstrate, using bibliographic researches, the importance of coordinated work between the control structures, eg, Audit Courts, Prosecutors, Public Defenders, Judiciary and civil society, need to take Reserve of the Possible as a means of achieving the Minimum Existential. The aim is to defend the premise that the dichotomy presented above the Reserve of the Possible and Minimum Existential has the main reason the difficult exam of the budget as part of authorizing public spending as well as fundraising. It starts with the premise that the Audit Courts have the burden, by constitutional provision, to monitor the budget and is therefore the largest holder of technical means to examine the case. It made a brief analysis of the legal nature of the right to health, as well as of the Unified Health System structure, policies and protocols. It also discussed the adequacy of the collective process as the primary means for achieving macro-justice at the expense of timely examination of the demands in health care, which significantly compromise the health policies as a system. In addition, we discuss further the Minimum Existential of concepts and booking possible, while theses put the decision of the judiciary, and examine the aspects of the budget laws and their interpenetration with the allocation of resources. Finally, we enter the structure of the Audit Courts, their potential and especially the information gathered in the accounts that would be fundamental cuts for the intervention in public policies implemented in the judiciary, were promoted with maximum precision and advantage for collective interests. The research methodology sought excerpts drawn from the literature available who engage into the idea proposed of this dissertation. For this, works have been gathered from several Brazilian scholars that address issues related to the matter under discussion, as well as jurisprudence and laws, obtained through access to the trial bench of the superior courts, and the databases of the Senate and the State Legislative Assembly.