Direitos Humanos e o direito à vida e à saúde: bases reflexivas para o debate do controle social frente à pandemia da covid-19

Abstract

Within the democratic process, real chances of participation in the deliberative process and the right to choose within the perspective of social control are essential. Does the social control of the Unified Health System (SUS) act in formulating strategies and controlling the execution of the health policy, including aspects related to the planning, execution, and financing of the SUS, functioning as a guarantee of human rights? The COVID-19 pandemic has become a double threat to the 2030 Agenda, impacting developing countries, making it difficult to achieve the Sustainable Development Goals (SDGs), and highlighting the vulnerability of global governance and the current system. The work proposes to analyze social control in health as an instrument of pre- and post-pandemic human rights from the perspective of legal, planning and execution of the SUS; discussing compliance with normative guidelines in coping with the COVID-19 pandemic by management from the perspective of social control; and, investigating the implementation of the health policy given the needs of society and the guarantee of the right to health. A review of localized research was carried out according to the methodological steps proposed by the Preferred Report Items for Systematics Reviews and Meta Analyzes-PRISMA in databases defined for the searches, which were: PubMed and BVS, in addition to the Digital Library of Theses and Dissertations (BDTD) and the Theses Bank of the Coordination for the Improvement of Higher Education Personnel (CAPES); and, analysis of health financing data in the COVID-19 pandemic. The following descriptors were selected: “social control,” “COVID-19”, “pandemic,” “popular participation,” “health councils,” “right to health,” and “human rights” for the search for publications carried out between 1980 and 2022. The analysis of the results shows that constitutional and infra-constitutional norms are essential legal tools in guaranteeing community participation in the management of the SUS and in intergovernmental transfers of financial resources in the area of health, in which the monitoring and involvement of society in defining the allocation of resources for social policies, which are being decentralized to states and municipalities through specific funds, are of great importance so that these are spent on meeting the genuine demands of the majority of the population and are not at the mercy of clientelist, privatist or private interests. or electoral forums, prioritizing the social right to health protection, which is configured as a fundamental condition for guaranteeing the right to life, the foundation of human rights, especially in times of pandemic.