Health or business? The right to medicines

Abstract

The article addresses the issue of the right to access to medicines. It begins with the context, in a world marked by the conception of health as a commodity, and then recounts 679-18-JP/2020 Judgement issued by the Constitutional Court on the right to access and availability of quality, safe and effective medicines. It goes through some cases and explains why the State cannot always grant what the patient asks for or believes he/she needs. The sentence is structured in seven parts: prevention; purpose; quality, safe and effective medicines; availability of medicines; access to information and informed consent; conflict of interest; and indicators of rights and public policies.