PUBLIC HEALTH POLICIES IN BRAZIL: THE PROMOTION AND PROTECTION OF FUNDAMENTAL RIGHTS

Abstract

In addition to its constitutional provision among social rights, health is also guaranteed in the Universal Declaration of Human Rights and in ordinary laws. With an express indication of the state's duty, its practical application occurs through public policies designed to make legislation more effective. In Brazil, the main public health policy is the Unified Health System (SUS), created by the Constitution and definitively instituted by the Organic Health Law. In theory, the system is nearly perfect, but in practice, given regulatory and budgetary issues, the SUS is not always able to provide all and any treatment to patients. Consequently, individuals, armed with their fundamental right, file lawsuits, placing the Judiciary with the duty to enforce this guarantee. Given the above, this research aims to analyze the existence or otherwise of limitations on the constitutional right of access to health care regarding the provision of treatments and medications by the SUS; with the primary objective of presenting public health policies as instruments for promoting and protecting fundamental rights and their limitations. Classified as bibliographic, scientific research explores legislation, doctrine, and especially recent jurisprudence of the Supreme Federal Court and its effects.