Abstract

PANDOLFO, Mércia; DELDUQUE, Maria Célia  and  GORETI AMARAL, Rita. Legal and sanitary aspects conditioning access to medicines in Brazilian courts. Rev. salud pública [online]. 2012, vol.14, n.2, pp.340-349. ISSN 0124-0064.

The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated “health judicialization” is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

Keywords : Patient’s rights; health policy; health services accessibility/legislation and jurisprudence.

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