State foundation on health public service: inconsistencies and unconstitucionalities

Abstract

The article analyses the constitucional aspects of the Brazilian federal government proposal of creating a new kind of legal entity for public health services: the state foundation. The research followed the logical and sistematical method, using bibliographic and case studies as sources. The governamental project is positive since it has the intention of returning to the public management some public services that were transferred to the private sector in the past. However, in some essencial issues, the model is incompatible with the Brazilian Constitution. The state foundation will not be able to run public health services on a permanent basis. Its operation should be strictly within economic activities. The creation of the state foundation on health will also represent a regression to the protection of the social and public patrimony.