SISTEMA PROTETIVO E FEDERATIVO DOS DIREITOS À SAÚDE E EDUCAÇÃO NO BRASIL

Abstract

This article aims to address the protective and federative spheres relating to the right to health and the right to education in Brazil. The initial approach seeks to qualify these rights as human, social and fundamental rights. The protective scope approach ranges from the global international system of protection of these rights, through the regional international protection system and reaching the local protection system which, in the case of Brazil, is centered on the constitutional sphere. Understanding the right to health and the right to education in Brazil necessarily involves an approach at the federal level, which unfolds in the spheres of political federalism and fiscal federalism. In the end, we will address the current challenges that the right to health and the right to education face in Brazil, mainly in relation to how the model of fiscal federalism affects the financing of these rights and, consequently, their effectiveness.