Análise do programa mais médicos para o Brasil à luz da constituição brasileira e dos parâmetros internacionais: a questão dos médicos cubanos

Abstract

The present study is devoted to the analysis of treatment accorded to Cuban physicians participating in the “Program Mais Médicos para o Brasil”, instituted by Federal Government by Law 12,871/2013, in the light of the Constitution and international human rights conventions. The study shows to be pertinent because of the large amount of complaints and objections to the Program from the date of its ad. The Brazilian government, through an agreement with PAHO/WHO has promoted the arrival of a large contingent of doctors, in its most Cubans, to meet the most deprived regions of the country. The physicians in the Program would participate, formally, in an exchange program for academic improvement and would be entitled to a grant aid of 10 thousand reais. However, it was found that the terms of contracts with the Cubans doctors were different from those offered to physicians from other nationalities. The terms of the contracts of Cubans, initially unknown, imposed them limitations to fundamental rights and provided them a lesser amount as stipend. The research is subdivided into three parts. The first part holds general considerations about the nature, evolution and application of fundamental rights at national and international levels. The second one addresses the historical context and the social and structural situation that justified the proposition of Programa Mais Médicos, especially in relation to Brazilian public health. The third part proposes to confront violations of rights wich were investigated to the provisos contained in domestic legislation and international diplomas. Devotes special attention to the rights of free locomotion, intimacy and equality. The methodology consists essentially in bibliographic and documental research.