Crisis, State and Health Care Entitlement in Recent Brazil: A Pachukanis’ Critical Approach

Abstract

This article discusses the nature of the capitalist crisis and its effects on the dismantling of the hard achievements of the universal health care entitlement in recent Brazil. It performs an analysis based on the limits of Brazilian state’s action, organically linked to capital movement and its crisis, particularly on ‘legal form’. In order to deepen this subject, it is based on the theoretical perspective of Pachukanis’ General Theory of Law, emphasizing its analysis on the difficult coexistence between public and private law, in order to understand the crisis of the right to health care.