Direito à saúde e o problema filosófico do paternalismo na bioética

Abstract

This paper aims at analyzing the right to health before the concepts of subjective rights, human rights and fundamental rights, within the context of contemporary society, which has been much burdened with wthical conflicts, and then face the problem of the limits of theright to health and the problem of paternalistic measures of the State concerning the individual. So the main focus is not really the right to health, but the conflict between the power or deciding how a person should act and the right to self determination, which is considered by many to be the distinctive character of our humanity.