Fundamental right to health and fiscal austerity measures in Brazil Fernanda de Magalhães Dias Frinhani, Álvaro Oliveira da Silva Pereira

Abstract

Background: The right to health is a type of social right enshrined in the 1988 Federal Constitution and one of the pillars of protection of the social security system. The original constituent established it as a programmatic norm, that is, an ideal to be implemented by the Brazilian State, foretelling that the actions of public managers must be guided towards its materialization. The right to health and its social determinants are also enshrined in international law norms to which Brazil is a signatory, and are included in the Sustainable Development Goals of the 2030 Agenda. Problem: With the adoption of fiscal austerity measures, is the right to health implemented in Brazil? Objectives: To explain how the right to health is regulated by the Brazilian legal system, proposing an analysis of policies based on fiscal austerity, which lead to the underfunding of public health in Brazil and result in violations of the fundamental human rights of the entire community. Methods: The study was based on bibliographic and documentary research methodologies, analyzing literary production and documents issued by government agencies, international and independent organizations. Results: The study found that the Brazilian legal system theoretically provides for universal, comprehensive and equitable access to health care. However, it was clear that this provision is only theoretical, and in practice, there is a profound process of underfunding of public health care in Brazil due to somewhat controversial fiscal austerity measures adopted by Brazilian administrators. Conclusions: Fiscal austerity measures tie up the public budget, creating obstacles that prevent the realization of the right to health, attributing to the State the role of violator, since it does not materialize the constitutional dictate and ends up not implementing the standards celebrated internationally by Brazil, worsening the social determinants of health and delaying the fulfillment of the SDGs of the 2030 Agenda.