Responsabilidade civil do estado no fornecimento de medicamentos como forma de garantir o direito á vida e á saúde.

Abstract

The present work deals with the civil responsibility of the State in the health care of the human person, especially regarding the supply of medicines, dealing with the theory of the reserve of the possible and its implications for health. In order to do so, the issue of fundamental rights and human dignity will be addressed, highlighting the right to life and health, in order to understand the context of the State's obligation to provide health care to the administered. Secondly, an explanation of social rights will be made in light of the 1988 Constitution, encompassing the importance of public health policies, and the national drug policy, on theoretical approaches, in order to understand how the free Finally, it is exposed the reality in the provision of health by the State with the predicted by the legislator in the Basic Law of 1988, analyzing the question of the legitimacy of the intervention of the Judiciary in this provision, emphasizing the action of guardianship anticipated. In particulars with regard to the supply of medicines, and judicial intervention in guaranteeing the realization of the fundamentals right to health. The research uses the deductive method in order to demonstrate the right to health, and the responsibility of the State in the supply of medicines. As well as applying direct documentation through bibliographic research, doctrine, legislation, scientific texts and jurisprudence. It is concluded that public policies are fundamental for the realization of the right to health, and it is the responsibility of the State to intervene in the sphere of individual freedom and to promote social welfare.