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- Title
O papel do Supremo Tribunal Federal para uma cultura constitucional do federalismo cooperativo sanitário.
- Authors
Cruz Silva, Thyerrí José; Machado Jaborandy, Clara Cardoso
- Abstract
This article aims to investigate to what extent the performance of the Brazilian Federal Supreme Court (STF) in Direct Actions of Unconstitutionality n. 6341 and 6343 and in Claim of Noncompliance with Fundamental Precept n. 672 favored a constitutional culture of cooperative federalism in health matters in Brazil. The expression alludes to a solidary behavior, based on the Constitution, among the federated units regarding the realization of the right to health. It started from the hypothesis that the arguments made by the Ministers, in their votes, served as a stimulus to this solidary conduct between the federated entities. To fulfill the objective, the Decision Analysis Method was used, which allows understanding the phatic-normative context and the result of decisions, as well as critically analyzing the arguments used by decision-makers, their “value words”. The research made it possible to verify the existence of a “pedagogical”, institutional and legal engagement of the STF, through the votes of the Justices, in the implementation of interfederative cooperation in health matters, which may have theoretical implications for future judgments on cooperation, and practices, with regard to a more solidary relationship between the federated entities.
- Subjects
BRAZIL; DECISION making; LEGAL judgments; COOPERATIVE federalism; FEDERAL courts; APPELLATE courts
- Publication
A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional, 2023, Vol 23, Issue 92, p63
- ISSN
1516-3210
- Publication type
Article
- DOI
10.21056/aec.v23i92.1681