A mediação de conflitos em meio hospitalar e o direito fundamental à saúde




The current conception of health was first acknowledged mainly from the elaboration of Human Rights Universal Declaration and the creation of the World Health Organization, after the two world wars, thus much broader than the definition that once characterized health as the absence of diseases. The World Health Organization WHO - promulgated its Constitution in 1946 and proclaimed that the right to health shall be extended to any individual, by stressing out that the best state of health that the individual can reach constitutes one of the basic rights of all human being. From that day on, the way followed by most States, with respect to an agreed concept of health, has always been much the same as that established by this Constitution. In Brazil, the Federal Constitution of 1988 elevated the right to health to the condition of a primary right laid out in the constitutional text. The effectiveness of the right to health exceeds the cure of a disease; it is essentially based on the rendering of a high standard service that prioritizes the dignity of a human being and a thorough health care. Mediation then presents itself as a powerful tool aiming at the practice of health, in that it prioritizes the welfare of the individual and the quality of the relations, thus stimulating and developing active participation, awareness, consideration of the difficulties of a third party and respect for the peculiarities. The concern about the best practice for the conflicts related to the health system is a proof that the rendering of these services must be bound to the perspective that the health of the patient is not dependent only on his physical state of health. In this way, it is claimed that the right to health is no longer a question of medical care and medication, it rather requires, from those directly involved in medical treatment, positive attitudes, solidarity, cooperation and independence, in order to present mediation as the adequate tool for these practices of health


direitos fundamentais - dissertaÇÕes mediaÇao e conciliaÇÃo (direito) - dissertaÇÕes direito constitucional

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