Ressarcimento ao SUS: um instrumento de transferência de responsabilidade em defesa do direito à saúde

Abstract

The 1988 Constitution of the Republic establishes health as a right for all and a duty of the State. However, the provision of health care is not exclusive to the Public Authorities, with private sector activity also being permitted in this sector. In Brazil, public and private health services coexist, each with different principles and objectives. In order to regulate private health care, the State enacted Law 9,656/98, which, in its article 32, provides for reimbursement to the Unified Health System (SUS). This work proposes an analysis of the legal basis for this reimbursement, questioning whether the charge, as regulated by the aforementioned article, is based on tax law or on the institutes of civil liability and unjust enrichment. Athough, the central objective is to demonstrate that the nature of charging reimbursement to the SUS conflicts with article 196 of the Federal Constitution and the principle of equality and isonomy. This analysis aims to shed light on relevant legal issues in the context of public and private healthcare in Brazil, seeking to contribute to an informed debate on regulation and citizens' rights in access to healthcare.