PUBLIC HEALTH GUARANTEES TODAY: CONSTITUTIONAL PROTECTION

• DOI: 10.22533/at.ed.1593692304097

• Palavras-chave: State; Health; Constitution; Dignity of human person.

• Keywords: State; Health; Constitution; Dignity of human person.

• Abstract:

  This study aimed to verify the health guarantees present in the Federal Constitution (1988) referring to citizens. The work is justified by having a theme that adds relevant information about what the Constitution says about the rights of the citizen and the duty of the State, in line with the dignity of the human person. The research had a bibliographical study in its base, dealing with subjects related to health, making use of books, magazines, newspapers, laws and jurisprudence. However, regarding the aforementioned guarantees, one must think that there is an existential minimum and that it differs in its applicability because there is a very large disparity between what one “can” and what “must” in a unilateral disruptive way. Although it has one of the most onerous tax burdens in the world, it still owes a lot to citizens when it comes to decent health care. It was found that it is far from a complete realization of the principle of human dignity, but that a big step was taken with the Federal Constitution of 1988, which in its articles positivizes this fundamental right.