A proteção jurídica dos portadores de diabetes tipo 1 no Brasil: um panorama de legislação vigente e implementação de terapias alternativas

Abstract

The Brazilian Federal Constitution, when listing Fundamental Rights and Guarantees, defines health as a fundamental social right, determining the State's duty to ensure its implementation. This constitutional guarantee is directly related to type 1 diabetes mellitus, an incurable disease that affects a considerable portion of the population and is often invisible to society. This paper not only studies the promotion of the fundamental right to health for those with this disease, but also analyzes whether this disease is sufficiently regulated by the State. To this end, it will analyze the positivization of the right to health in the Brazilian legal system, as well as the public policies provided by the State that aim to expand access to therapies for all. It also develops an interdisciplinary connection between medicine and law, with the objective of exploring the current scenario of the disease in Brazil and worldwide. Finally, it evaluates the high degree of judicialization of lawsuits related to type 1 diabetes, drawing a parallel between the benefits and harms of the provision of high-cost medications by the State. This work was carried out through bibliographical research, with consultation of books, academic works, scientific articles, theses and dissertations. In addition, it analyzes standards, reports and judicial decisions.