Proteção do Direito Social à Saúde: Uma Condição de Igualdade da Pessoa Humana

Abstract

The theme of this scientific article is the legal and judicial protection of the fundamental right to health and aims to propose a theoretical study of the problem of the legal basis for the universal right to health.

There is a shameful gap between the formal recognition of social rights achieve equality of human and reality. This reinforces the idea that the ethical appeal of the declarations on human rights has not been enough to prevent violation of rights.

And when it turns out that the state does not guarantee the full enjoyment of the right to health, it reinforces the idea that social equality rights are violated.

This reality challenges changes. One is the structure of an efficient legal protection system for the realization of the social rights of human equality – goal that must be achieved to realize the will of the law.

Another is the real access to securitarian benefits a result of ethical polithical option of governments and society to its citizens .

If we wish to effect social rights, we must eliminate the rhetoric and implement an ethical platform of social equality. The principle of human dignity will be taken seriously when each of us and all of us treat others with the same ethical value how we would want to do to us.

This light shall radiate any assumptions about human dignity and any political and economic assumptions about the legal protection of social rights of equality.