O DIREITO À SAUDE E A JUDICIALIZAÇÃO COMO FORMA DE ATENDER PACIENTES ACOMETIDOS PELA HANSENÍASE

Abstract

This scientific production presents the social right to health as a fundamental right, as stated in articles 6 and 196 of the 1988 Federal Constitution; as well as its mitigation when demonstrating that – although the access of patients affected by leprosy to free medication is guaranteed by the SUS (Health Unic System - Brazilian Health System) -  the scenario has been quite different in Brazil since 2020, as its supply has been showing extremely serious failures which both violate the achievement of said right and cause the State to fail to comply with its social obligation – stated in the constitutional legal system – to these already weakened citizens. With this goal, this study presents a brief historical reflection on fundamental rights, especially the right to Health, conceptualizing it and defining its legal implications regarding the constitutional duty by the State to ensure it. Then, a simple introduction of the SUS is made, with the consequent forethought of making free medicines available to patients affected by Hansen’s bacillus, as well as the lack of those and the search of their effectiveness through judicialization. Finally, this article is concluded by demonstrating how important it is that Brazil becomes self-sufficient in the production of poly-chemotherapy (MDT), in view of the fact it is a matter of national security, as its nonexistence deeply compromises public health.