Os desafios de efetividade do direito à saúde: oportunidade para a inovação tecnológica

Abstract

In this dissertation, it intented to analyse Health as a social right, belonging to Fundamental Human Rights, protect by national and international laws, although its universal and equity acess it`s not fully happened in real life. The protected value can be found in the law article but not in the reality because of restrictive economic variable inherent to scarcity analysis. In this way, this dissertation investigates theorical studies of Cass Sunstein, The Cost of Rights e Nudge – Improving Decisions about Health, Wealth and Hapiness, in order to understand challenges that a civil law right finds until it get effective. Also investigates international guidelines and informal rules through paradigmatic institutions, and the mechanisms by them indicated to make it real. This dissertation study Economic Law, finding in technological innovation a possible path, as a opportunity. Technological velocity as a emerging filed for medicine forces law to articulate itself in order to promote juridical security and help action happen according to ethics. In the international fiel, World Health Organization claims a international treaty recommending to memberships to use eHealth as a health public policy. The increasing of eHealth in Brazil, as a national strategy from Health Ministry, brings new ways, which may be a opportunity to challenges of efectiveness.