A intervenção estatal na economia para concretização do direito à saúde da criança : uma análise da lei nº 10.431/2015 do Estado da Paraíba

Abstract

The present Dissertation studies the fundamental right to health in the face of state intervention in the economy in light of Law nº 10.431/15 of the Federative-State of Paraíba. Faced with possible conflicts between constitutional norms and principles, the objective of this research is to analyze the fundamental right to health concerning the State intervention in the economy in the light of the Paraíba Law nº 10.431/15. The problem of the research is condensed in the following question: is the prohibition of sales of soft drinks in private schools carried through by the Law nº 10.431/15 of the Federative-State of Paraíba legally valid? In order to reach the objective of this research, the work is divided into four chapters. The first chapter took care of the introduction of all the further content. The second chapter dealt with the fundamental right to preventive health of children in the Brazilian legislation. The third chapter approached the study of the normative regulation of State intervention in the economy. The fourth chapter, in turn, analyzed Law 10.431/15 of the Federative-State of Paraíba based on the conclusions reached in the previous sections, focusing on the analysis of the fundamental right to children's health, education, freedom, and human emancipation. Methodologically, the study of the theme was based on the deductive approach method and the research technique was bibliographic and documentary. In the final considerations of the work, the Dissertation concludes that the intervention of the State in the economy is valid for the implementation of the fundamental right to the child's health in its preventive aspect. Nonetheless, such a prohibition of the sale of soft drinks in private schools will only achieve its objective of preventing diseases if it is associated with some policy of awareness of parents, relatives, schools, the State and society. Outside this context, it will be no more than a restriction of freedom.