Precariedade na saúde pública municipal: aplicabilidade do código de defesa do consumidor e o respeito aos direitos fundamentais

Abstract

The subject of this paper is the problematic existent about the assist of the essential public services for each and all citizens, in special the basic right to health, assured and protected constitutionally. Too is mentioned the incidence of the third sector and the third party of the essential services, like form to help incessant lawsuit for this rights based on the beginning of the public management with accent in this question: the municipal public services are satisfactory for all needs of the collectivity, who needs the public health and what is the limit of the citizen be able to require his fundamental rights using the Consumer Protection Code, opposite to the public power? The adopt method is the dialectic and the central objective is analyze the essential public services in the special constitutional right to health and see the possibility and restrictions of the CDC in the public services.