The seal on social retrocess: the judicial debate about the impacts of Constitutional Amendment nº 86/2015 on the financing of the Brazilian Unified Health System

Abstract

Objectives: this article analyzes the terms of the Right Unconstitutionality Action No. 5,595, pending before the Federal Supreme Court. The Action refers to the change in the financing system of the Unified Health System by the Constitutional Amendment No. 86/2015, originating from Proposed Constitutional Amendment No. 358, 2013, and which some called the Imposed Budget Amendment. Method: the analysis is performed from the evaluation of the procedural manifestations presented, with bibliographic research and related jurisprudence. Conclusion: it concludes that the debate on adequate financing for the enjoyment of the right to health involves the analysis of the legal content of the principle of the prohibition of social regression, and requires the conceptual and theoretical deepening around this right, displacing the judicial debate of microjustice. from access to health to the debate on political and legal guidelines that impact budget allocative choices, a macrojustice debate.