Open AccessJournal Article
The right to health in the courts of Brazil : worsening health inequities?
TLDR
This article analyzes the recent and growing phenomenon of right-to-health litigation in Brazil from the perspective of health equity and argues that the prevailing model of litigation is likely worsening the country's already pronounced health inequities.Abstract:
This article analyzes the recent and growing phenomenon of right-to-health litigation in Brazil from the perspective of health equity. It argues that the prevailing model of litigation is likely worsening the country’s already pronounced health inequities. The model is characterized by a prevalence of individualized claims demanding curative medical treatment (most often drugs) and by a high success rate for the litigant. Both elements are largely a consequence of the way Brazilian judges have interpreted the scope of the right to health recognized in Article 6 and Article 196 of the Brazilian constitution, that is, as an entitlement of individuals to the satisfaction of all their health needs with the most advanced treatment available, irrespective of its costs. Given that resources are always scarce in relation to the health needs of the population as a whole, this interpretation can only be sustained at the expense of universality, that is, so long as only a part of the population is granted this unlimited right at any given time. The individuals and (less often) groups who manage to access the judiciary and realize this right are therefore privileged over the rest of the population. This is potentially detrimental to health equity because the criterion for privileging litigants over the rest of the population is not based on any conception of need or justice but purely on their ability to access the judiciary, something that only a minority of citizens possess. This paper examines studies that are beginning to confirm that a majority of right-to-health litigants come from social groups that are already considerably advantaged in terms of all socioeconomic indicators, including health conditions. It is a plausible assumption that the model of right-to-health litigation currently prevalent in Brazil is likely worsening health inequities.read more
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References
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Book
Just Health: Meeting Health Needs Fairly
TL;DR: Just Health: Meeting Health Needs Fairly explores the many ways that social justice is good for the health of populations in developed and developing countries.
Journal ArticleDOI
Why health equity
TL;DR: The nature and relevance of health equity are discussed, the ubiquity of health as a social consideration is noted, and the distinct grounds on which it has been claimed that health equity is the wrong policy issue are scrutinized.
Journal ArticleDOI
Impact of the family health program on infant mortality in Brazilian municipalities
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TL;DR: Weyland et al. as mentioned in this paper investigated the possibility for redistributing wealth and power through the democratic process in Latin American countries, focusing on Brazil's redistributive initiatives in tax policy, social security, and health care.
Journal ArticleDOI
Distortions to national drug policy caused by lawsuits in Brazil
TL;DR: The majority of demands for drugs that have led to legal proceedings could be avoided if two SUS directives were followed, namely the organization of oncology services and the observance of reporting on essential medicines.
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