Resumo

SLAIBI, Maria Cristina Barros Gutiérrez. The fundamental right to health. BIS, Bol. Inst. Saúde (Impr.) [online]. 2010, vol.12, n.3, pp. 227-233. ISSN 1518-1812.

Health is a fundamental right enforceable in court, pleads to be granted to medications, and provides health care or other obligations owed by public entities. The right to health is one of the rights enlisted in the caput of Art. 6 of the Constitution of 1988, while simultaneously, a constitutional right and duty of the state, to be completed jointly by the three federal branches, so that the jurisdiction does not preclude the Union of States and Municipalities.  Therefore any entailed daily graded recitations by states and municipalities does not prosper, the illegitimacy passive ad or even cause the call to process requests from other counties. We conclude that the State, in the broad sense of public authority, is obliged to rebus sic stantibus nature, especially in cases of chronic medical conditions certified by a qualified professional, as any citizen has the fundamental right to benefit from technological advances as corollary of their right to dignity.

Palavras-chave : Immediate applicability of social rights; joint liability of federal branches; medication law.