Imprecisão conceitual na saúde e medicamentos especializados: o impacto jurídico e econômico no Estado brasileiro

Abstract

The health area is currently experiencing a very significant increase with the increase in the number of users, whether in the public or private system. It can be seen that the demands related to the activities of the health systems, such as examinations, medicines, hospitalizations, among others, also reach considerable numbers. Constitutionally, Article 196 brings us the right to health, as well as its guarantee by the State, with equal access to actions and services that aim at the promotion, protection and recovery of health. With the doors opened by the Federal Constitution of 1988, the citizen began to internalize his right to access the medication or treatment that is necessary, regardless of the value that is put to him. In fact, one should take into account the doctrinal principles of the Brazilian Health System - equality, universality and integrality, constitutionally established and instituted in fact after the promulgation of Law 8.080 / 90, where legal and institutional changes, as well as decentralization , were highly observed. The fundamental rights, together with the constitutional principles that generate Public Policies, are the basic guidelines for legislative and executive activities, in the formulation of appropriate Policies and articulation of its best implementation, as well as the judiciary in ensuring the faithful fulfillment of the legislation and the protection citizens, so that their rights are always in the first place.