Right to Health for the Elderly in Brazil: Is it an effective right? Lucy Souza Faccioly, Maria Fernanda Toffoli, Roberto Santos da Silva, Patricia Gorisch

Abstract

The Federal Constitution of 1988 reserved a prominent place for health, treating it, in an unprecedented way, as a true fundamental right, establishing as well, express or commitment of the State to guarantee the full right to health to all citizens. As expressed in article 196 of the Magna Carta, “A healthy is a right of all and a duty of the State”. This guarantee, in accordance with the literality of the aforementioned article, will be effected "through social and economic policies that aim to reduce the risk of damage and other aggravations and provide universal and equal access to services and actions for their promotion, protection and recovery". Idoso Statute, Federal Law 10.741 of 2003, not Title II, Chapter IV, reinforces or directs Health of people over 60 years of age. In this way, all adults over 60 years of age who are considered elderly, have direct access to a Global Health Care program. O SUS – Unified Health System is the body that is required to comply with this law. O direct to the health of the Idoso is not the Idoso Statute, in its art. 15th, where it is provided that the elderly must have comprehensive care for their health through the Unified Health System - SUS, as well as special care for the elderly. It is important to find out if this right is respected throughout Brazil, and if you are aware of your rights. In the meantime, not always their rights are complied with in this case, or they should seek an attorney or public defender to protect themselves and make their rights prevail. Assim, or problem to be investigated with this study is: Or directly to the health of idoso really prevails in Brazil?