Legal technologies for health democracy: institutions and processes for democratic participation in public health management to the right to health effectiveness

• Grant number: 14/16275-1
• Support Opportunities: Scholarships abroad - Research
• Start date until: September 30, 2014
• End date until: January 30, 2015
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Fernando Mussa Abujamra Aith
• Grantee: Fernando Mussa Abujamra Aith
• Host Investigator: Didier Truchet
• Host Institution: Faculdade de Medicina (FM). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Institution abroad: Université Paris 2 Panthéon-Assas, France

Abstract

The research proposed is part of a research already in progress, entitled Right to Health and Health Democracy: Bridges for Citizenship. This research, developed in conjunction with several teachers and researchers from the University of São Paulo - USP, has the support of the University of São Paulo PRP/USP and has its coordination in the Health Law Research Center of USP - NAP -DISA/USP. The health democracy is one of the main elements to configurate a health system that meets the needs of the population. Considering the French experience on the subject, dated longstanding, and the expertise of Professor Didier Truchet, from University of Paris II, in the study and research of the Health Law, it is very important to develop part of it under the supervision of Professor Didier Truchet. The research to be developed in Paris 2 aims to deepen the knowledge about the effectiveness of health democracy in modern societies, analyzing modern complex legal and administrative technologies. The development of urban centers, plus the growing of cultural, economic, social and religious complexity of societies, consolidated a new form of Stat’s political and social organization: the rule of law. Within this new order, the law assumed a strategic and relevant importance at the same time. Strategic for Law organizes political game in modern societies, its organizational structures and conditions for the exercise of power. It is through the law that the state organize its operations and will exercise the monopoly of force, subjecting all components of society to a pre-determined set of rules that will lead to penalties to be applied by the State. A simplified definition of the modern state allows us to identify it through three essential elements, or conditions of life - people, territory and sovereign political power. These elements complement each other and interact. Form a reality that has a fairly high degree of complexity, requiring all who are subjected to it a capacity for analysis and a increasing social control. This control uses legal technologies to be done, and these legal Technologies are going to be the object of this research proposed. It has as goal to identify how legal processes and institutions organize the civil society participation in policy making decisions, and also in normative decisions taken by the State. (AU)