Dados is one of the most widely-read social sciences journals in Latin America. Created in 1966, it publishes innovative works, originating from academic research, by Brazilian and foreign authors. Edited by IESP-UERJ, it aims to reconcile scientific rigor and academic excellence with an emphasis on public debate based on the analysis of substantive issues of society and politics.
Dados vol. 52 n. 1 Rio de Janeiro 2009
Abstract
This article discusses the right to health as provided by the Brazilian Constitution in light of the increasing number of court rulings that order government to supply health products and services that have not been incorporated into public policies by other means. Using the Constitution's concept of health as the point of departure, authors demonstrate that guaranteeing the right to health requires more comprehensive social and economic policies. They argue that scarcity of resources places a limit on the formulation of public policies and that equity should be the underlying principle for orienting resource allocation. The article contends that the interpretation of the right to health as the individual right to unlimited care (the predominant position in the Brazilian Judiciary) is sustained to the detriment of the Constitutional principles of equity and universality, and that this interpretation results in a reversal in the primary objectives of the Unified National Health System (SUS), transforming it into an instrument for the perpetuation of the country's persistently daunting health inequities.
Keywords: right to health, public policies, Unified National Health System, equity in resource allocation, legal rulings, pharmaceutical services
DOI: 10.1590/S0011-52582009000100007
The right to health, scarce resources, and equity: inherent risks in the predominant legal interpretation
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