O papel da justiça para garantir o direito aos medicamentos no Brasil

Abstract

This paper aims to demonstrate that it is not possible to dissociate the dignity of the human person, the right to life of the right to health. Fundamentally that is why justice has advanced to protect this right. Brazilian health has advanced in recent years with the creation of the Unified Health System - SUS. The great health change in Brazil came with the creation of SUS. It was in the Federal Constitution of 1988 that health became a right of everyone and the duty of the State. But it was only in 1990 that the Brazilian people had access to free medication. If the patient has the right to health and the medicine is part of this treatment he must receive it. Access to the product is part of the citizen's right. In fact, the issue now the population fights in court through lawsuits motivated by the absence of remedies at the points of distribution of the public network to ensure free access to the drug. This is SUS's role, but in practice it is not always what happens.