Análise dos direitos sociais e garantias fundamentais dos pacientes portadores de neoplasia maligna.

Abstract

This undergraduate thesis aims to analyze the social rights and fundamental guarantees inherent to the health of people with malignant neoplasms in the light of the Brazilian legal system. Cancer is still one of the diseases that cause, annually, a large number of deaths in the world population, as well as debility in their carriers, whether transient or permanent, being also the second leading cause of natural deaths in Brazil, an index only lower than deaths from heart disease. In view of this, the present idem sought to deepen the theme about the health rights of cancer patients, specifically about the advances in Brazilian legislation on the subject. The research methodology uses a qualitative approach and analysis of the objective aspects in detriment to the factual reality. Given this approach, the object of the research and study is investigative and empirical. Therefore, the deductive hypothetic method will be used and the techniques used of bibliographic review of legal literature, laws, resolutions, decrees, legal opinions, legal doctrines, monographs and information collected from public domain research sites, Transparency Portals, Ministry of Health, National Cancer Institute, DATASUS and IBGE, one can have a broad view of the theme addressed in this study. The object of the research is descriptive and has the attribute of verifying the advances and setbacks of social rights and fundamental guarantees inherent to cancer patients in the Brazilian legal system and the influences on the improvement of care, the implementation of public policies, security in the care of social rights and curtailment of fundamental rights of cancer patients. From the effects of this analysis, it was possible to glimpse the importance of social rights and fundamental guarantees to the carrier of malignant neoplasia because with them people with cancer have access to the most basic rights, mitigation of vulnerability and these linked to constitutional principles such as the right to human dignity, quality of life and equality, these rights when achieved their effectiveness significantly improve the quality of life of each one.