A SUSTENTABILIDADE SOCIAL, O PRINCÍPIO DA UNIVERSALIDADE DO SISTEMA ÚNICO DE SAÚDE E A JUDICIALIZAÇÃO DE MEDICAMENTOS

SOCIAL SUSTAINABILITY, THE UNIVERSAL HEALTH COVERAGE PRINCIPLE OF THE BRAZILIAN PUBLIC HEALTH SYSTEM AND THE JUDICIALIZATION OF MEDICINES

Abstract

This article relates the social sustainability concept with the universal health coverage principle of the Brazilian Public Health System and the judicialization of medicines. The right to health, seen as a fundamental social right, which ensures physical, mental and social well-being of the whole population, is placed in the social sustainability concept. The universal health coverage principle, analyzed by the World Health Organization, proposes that health systems coverage should offer the greatest total improvement in health at lower budget and considerer solid scientific effectiveness and security, even if this implies not financing treatments with low cost-benefit or experimental. Regarding the universal health coverage principle, the Brazilian Constitution establishes that the right to health should cover everyone and should be provided by the State, but this coverage should be limited by the public health policies. When justice provides to someone a medicine that is not included in these public health policies, it disrespects the social sustainability concept of the right to health, since it uses the public budget that should benefit as many people as possible, toward one only person, leaving the vulnerable population under the risk of not having its rights respected.