Responsabilidade do Estado pelos serviços públicos de saúde em face do código de defesa do consumidor

Abstract

This work analyzes the responsibility for the public health care services considering the legal commandment of the Código de Defesa do Consumidor and emphasizing the placing of state entities as providers of such services and agents of government. The composing of this legal relation, although foreseen in the law, it generates a controversy in the courts, which reflects on the administrative and juridical treatment of public health care. This theme involves discussions about the bounds of consumer protection laws on public health care policies and the role of government in the effective implementation of constitutional guarantees. Considering the benefit from CDC rules in these cases, to delineate the current implement situation of Consumer Law for the benefit of patients in the public health care system, achieving a prognosis about the subject for the analysis of the pertinent judgments, the law, and the doctrine.