A promoção do direito fundamental à saúde para as pessoas com diabetes mellitus tipo 1 por meio do fornecimento do tratamento via sistema único de saúde

Abstract

The present work studied the promotion of the fundamental right to health for people with type 1 diabetes (T1D) based on the analysis of the treatment provided by the public health system, with the provision of medicines and supplies to control the condition and the assistance provided by health professionals. To this end, it studied the positiveization of the right to health in the Brazilian legal system and the public health system, as the main instrument for realizing this right for the population, also studying these issues in other countries. It also elaborated an interdisciplinary explanation (medicine and law) about T1D, presenting a national overview of disease control, the public policies developed and the treatment offered by the Health National System, discussing the importance of access to adequate treatment. Finally, it evaluated the search for treatment through the courts and analyzed the jurisprudential position on the matter, seeking to understand the importance of the Judiciary in realizing the right to health for people with T1D. This work was carried out through bibliographical research, consulting scientific articles, books, academic works, theses and dissertations from different areas of knowledge; as well as through documentary analysis of standards, reports and court decisions. It was concluded that, despite the advances made in recent years, Brazil needs to improve its public care policy for people with T1D, ensuring the most appropriate treatment for their condition and reducing management failures, in order to achieve full access to healthcare for these people via the public system.