The right to health and the SUS system.

Hello my dear reader, how are you? How are you? It is great to see you here, as today we have prepared a special guide covering the right to health and a unified support system.

This is one of the most important rights, and discussing it with you today is incredible.

You will stay on top of this very important topic!

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Introduction – The right to health and the SUS system.

One of the most important constitutional rights is the right to health, and do you know why?

We're telling you!

First, we must think normally, without health there is no life, we need to be healthy to live in a dignified way. This is why the right to health appears several times in the CRFB/88 (Constitution of the Federal Republic of Brazil), in addition, as a fundamental right of every person, including those who are not Brazilians, such as those traveling within the national territory, and also have the right to Coverage, for example, through the SUS system (Unified Health System).

But let us understand better how the legislation dealt with this invaluable right that is dear to us, and how SUS works to cooperate with the constitutional guidelines to ensure health?

Let's go!

The right to health and CRFB/88 – The right to health and a unified support system.

As we said above in our conversation, CRFB/88 recognizes the right to health as a fundamental right, which means that available treatments provided by public authorities must be available to anyone and everyone.

Obviously, the quality of these treatments for maintaining and restoring health must be appropriate for each specific case requesting such assistance from the state.

See the constitutional text below:

Article 196 Health is a right of every person and a duty of the state, and is guaranteed by social and economic policies aimed at reducing the risk of diseases and other injuries, and enabling everyone to have equal access to the procedures and services necessary for their promotion, protection and recovery. .

(CRFB/88).

The Constitution already highlights who has the duty to help Brazilians and all those on the national territory, namely the state.

Through the so-called social and economic policies this will happen, and in the same sense, there are other articles that sought to resolve this point better, namely Articles 197 et seq., which begin by addressing the SUS, the body that will be responsible for such policies in the search for the preservation of health. Enhanced and restored, as we will see below.

SUS – The right to health and the SUS system.

The SUS was created under the same constitution, see:

Article 197. Health procedures and services are of public importance, and it is the public authority that decides, in accordance with the law, to organize, supervise and control them, and they must be implemented directly or through third parties. And also by the person of the physical or legal nature of private law.

Article 198. Public health procedures and services are part of a territorial and hierarchical network and constitute a single system organized according to the following guidelines: (see ADPF 672).

First – decentralization, with one direction in every area of government;

Second – comprehensive care, giving priority to preventive activities, without compromising care services;

Third: Community participation.

§ 1. The Unified Health System will be financed, in accordance with Article 195, with resources from the social security budget, the Federation, the states, the Federal District and the municipalities, as well as other sources. (One paragraph was renumbered to § 1 by Constitutional Amendment No. 29 of 2000).

§ 2. The Federation, the States, the Federal District and the municipalities apply, annually, to public health measures and services the minimum resources derived by applying percentages calculated on: (incorporated in Constitutional Amendment No. 29 of 2000).

(CRFB/88).

It is worth noting that the unified health system not only provides basic care, but the duty to provide it is an integral part, which means that it is necessary to focus on health prevention, to prevent the population from contracting the disease, and in this way it is possible to create a system with a better quality of life and achieve a minimum level of health care. The decent life expected by guaranteeing this right.

It is also important to note the solidarity between the three entities of the Union, which shows that the Union, the states and the municipalities must work together in promoting, preserving and restoring health.

A very important point is equality, that is, every person has the right to these treatments through SUS, whether Brazilian or not, being on the national territory, health, as the Constitution says, is a right for everyone.

To clarify the rules, public authorities have created a “Charter of Rights of Health Users”. This document provides the basic principles that ensure Brazilians' access to care. Check out some of these principles:

Every citizen has the right to regular and regulated access to health systems;

Every citizen has the right to obtain appropriate and effective treatment for his problem;

Every citizen has the right to receive care that is humane, welcoming and free from any discrimination;

Every citizen has the right to care that respects his person, values and rights;

Every citizen also has responsibilities to ensure that he or she is treated appropriately.

(gov.br).

Law No. 8080 of September 19, 1990. – The right to health and the social security system.

In 1990, Law No. Law No. 8.080, which deals with the conditions for the promotion, protection and restoration of health and the organization and operation of corresponding services and stipulates other measures.

This law came to regulate health businesses and services, that is, to deal with the functioning of the unified health system. In its fifth article, we find the main objectives of the system, which are:

Article Five. (…)

I – Identify and detect conditioning factors and determinants of health;

2 – Formulate a health policy aimed at enhancing compliance with the provisions of Paragraph 1 of the Article in the economic and social fields. The second of this law;

Third: Assisting people through health promotion, protection and recovery measures, with integrated implementation of assistance measures and preventive activities.

(Law No. 8080/90).

To better define these goals, the following article highlights areas of SUS activity:

Article 6 The following are also included within the scope of the Unified Health System (SUS):

I – Implementation of procedures:

a) Health surveillance;

b) Epidemiological surveillance;

c) workers' health; (Text contained in Law No. 14572 of 2023)

d) Comprehensive therapeutic assistance, including pharmaceutical assistance;

e) Oral health. (Included in Law No. 14572 of 2023).

(Law No. 8080/90).

Therefore, every time the health surveillance visits establishments to inspect businesses, the epidemiological surveillance carries out campaigns to prevent an epidemic at risk of spreading, and when public hospitals receive patients and accept them for free, as well as health centers provide medicines through the public pharmacy, all this is the work of public authorities through SUS. To ensure health for everyone who needs it and is present on the national territory.

Still around The right to health and the SUS systemYou may have heard many times that the SUS system is bad for some reason, but you know that it is a reference model at the international level, and many countries do not have a good care system like Brazil, and people need to deal with everything privately / pay for it. He has his own pocket to receive treatment. The existing basic, which is likely to be provided by the unified health system, e.g.

It is also important to know the principles that guide the work of the SUS system, and we find them in Article 7 of the law:

Article Seven (…)

I – Universal access to health services at all levels of care;

Secondly – comprehensive care, which is understood as a clear and continuous set of preventive and curative actions and services, individual and collective, required for each case at all levels of system complexity;

Third: Preserving people’s independence in defense of their physical and moral integrity.

Fourth – Equality in health care, without bias or privileges of any kind;

V – The right of people receiving care to obtain information about their health;

Sixth – publishing information related to the capabilities of health services and their use by the user;

VII. Using epidemiology to set priorities, allocate resources and program direction;

Eighth – Community participation;

Ninth: Administrative political decentralization, with one direction in every area of governance (…).

(Law No. 8080/90).

Conclusion – the right to health and the SUS system.

Do you know all this, dear reader friend?

How important and indispensable SUS has become in Brazil, right?

Health is a constitutional right for everyone, and it is the state's duty to establish mechanisms to promote, preserve and restore it.

SUS is the means used by the state to fulfill this duty.

There may be dissatisfaction with some of the measures of this system, but it cannot be denied that it provides a minimum level of human dignity through all its measures to realize the right to health.

I am pleased to have you here, dear friend. Keep searching with us, we still have a lot to tell you!

We hope this guide was helpful to you, until next time.