The right to health, scarce resources, and equity : inherent risks in the predominant legal interpretation
Ferraz, Octavio L. M. and Vieira, Fabiola Sulpino. (2009) The right to health, scarce resources, and equity : inherent risks in the predominant legal interpretation. Dados, Vol.52 (No.1). pp. 223-251. ISSN 0011-5258Full text not available from this repository.
Official URL: http://dx.doi.org/10.1590/S0011-52582009000100007
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.
|Item Type:||Journal Article|
|Alternative Title:||Direito à saúde, recursos escassos e equidade: os riscos da interpretação judicial dominante|
|Subjects:||K Law > K Law (General)
R Medicine > RA Public aspects of medicine
|Divisions:||Faculty of Social Sciences > Law|
|Library of Congress Subject Headings (LCSH):||Right to health -- Brazil, Courts -- Brazil, Health services accessibility -- Law and legislation -- Brazil, National health services -- Law and legislation -- Brazil, Pharmaceutical services -- Law and legislation -- Brazil, Health care rationing -- Law and legislation -- Brazil|
|Journal or Publication Title:||Dados|
|Publisher:||Instituto Universitario de Pesquisas do Rio de Janeiro|
|Page Range:||pp. 223-251|
|Access rights to Published version:||Restricted or Subscription Access|
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