The right to health and Brazilian legislation: an analysis based on the Federal Constitution of 1988 and the organic law of the Unified Health System (SUS)

Abstract

Objective: To present the treatment given to health, either by the Federal Constitution or by infra-constitutional legislation. With regard to the latter, the work focuses on the legislation governing the Unified Health System (SUS), Federal Law nº 8.080/90. Bibliographic review: All citizens, regardless of nationality, are guaranteed by the current Constitution, the right to health. In this vein, the State has the duty to ensure health actions and services, in order to provide comprehensive, universal and equal assistance to all citizens. Final considerations: In summary, the work seeks to demonstrate that health is a fundamental and social right of all, a duty of the State, with the practical effect of the citizen's right to demand from the State the provision of this right to satisfaction, especially because the Constitutional text prevailed. health to the status of a stony clause (Article 60, paragraph 4, of the Federal Constitution), and that Federal Law No. 8,080/90 came to complement and give effect to the norms of the original constituent power.