Effectiveness of the guarantees to the right to health: legislation and jurisprudence in the fight against the pandemic

• Autor(a) principal: Brito, Edvaldo
• Data de Publicação: 2023
• Outros Autores: Brito, Antonio, Brito, Antonio Ali
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/1203
• topic: Derecho a la Salud; Pandemia; Legislación en Salud; Derecho Sanitario; Direito à Saúde; Pandemia; Legislação em Saúde; Direito Sanitário; Right to Health; Pandemic; Health Legislation; Health Law

Objective: this article aims at studying the theoretical and practical outlines of the realization of the right to health in its respective legal framework. This realization has been put to the test in the context of the COVID-19 pandemic, which has called for a profound reflection on the sustainability foundations of this legal regime. Methods: an approach was carried out on the legal nature of the right to health, which led to the advent of health law as a recognized subjective public right, with its own principles and broad effectiveness, as well a survey of the legal and jurisprudential frameworks of the unified health system, used in the pandemic. Results: the pandemic crisis has required a series of measures to ensure the stabilization of the constitutional structure designed for the exercise of this power to enforce the right to health, which involves the conformation of the Brazilian State, guided by the republican and federative principle. Therefore, the legislative and judicial functions and the importance of their respective roles are also studied in this regard. Conclusion: this emergency legislation enacted by the National Congress and the decisions rendered by the Federal Supreme Court in this safeguarding activity demonstrated the importance of legislative and jurisdictional functions for the maintenance of the Brazilian constitutional order regarding the right to health, especially during the confrontation of the COVID-19 pandemic. Received: 26/07/23 | Accepted: 23/08/23