The Healthcare law Review – Brazil
Pursuant to the 1988 Brazilian Constitution, health is a fundamental social right of every person (Article 6) and a duty of the state (Article 196). In Brazil, the constituent power has melded health with social security and afforded universal, gratuitous and equal access to the public health system to all, with no distinction whatsoever. It is correct to state, thus, that in Brazil, individuals have the subjective right to demand free access to the public healthcare structure, and it is an obligation of the state to provide it.
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