THE FEDERALISM AND THE RIGHT TO HEALTH IN THE FEDERAL CONSTITUTION OF 1988: LIMITS AND POSSIBILITIES TO ESTABLISH AN AUTHENTIC COOPERATIVE SANITARY FEDERALISM IN BRAZIL

The present article aims to analyze the founding ideas of the concept of a Cooperative Sanitary Federalism and the barriers and juridical and political limitations to its consolidation in the Brazilian State. In order to achieve the purposes established, it’s also analyzed the fundamental right to health and the federal state form adopted by the Constituent Power in the Constitution of 1988, discussing its implication and configuration form. The methodology adopted was the systematic review. It was concluded that, although the Brazilian Constitution raised the right to health to the level of a fundamental social right and designed a model of a Cooperative Federalism capable of theoretically guaranteeing this right to the population, the serious federative imbalance between the brazilian regions and the excessive concentration of financial resources within the federal government interfere in the proper and effective functioning of health public services.