DANTAS, I. R.; http://lattes.cnpq.br/4952098026114056; DANTAS, Italo Rafael.
Resumen:
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.