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Chief Justice Joaquim Barbosa opens seminary on right to healthcare


Monday, 3 June 2013

The Chief Justice of the Brazilian Federal Supreme Court (STF) and presidente of the National Council of Justice, Chief Justice Joaquim Barbosa, opened this Monday morning (3) the Seminary on Right to Healthcare: challenges to the Universality, which took place at the High Court of Labor (TST) and was held jointly with the Third Latin-American Meeting on Right to Healthcare and Health Systems..

“It is necessary to advance in the accomplishment of the right to healthcare. This is what the society expects. That is what the Brazilian Constitution determines. The Brazilian State needs to respond to the citizens’ expectations in relation to the effectiveness of their fundamental rights,” said the STF's Chief Justice.

He explained that the right to healthcare is a joint obligation, since it must be guaranteed not only by the Federal Union, but also by the State-members and municipalities. “The challenge in this area is so wide that the STF has decided that the Brazilian State cannot avoid the duty entrusted to it of providing to the hyposufficient citizens the means necessary to the fruition of the right to healthcare,” he emphasized.

During the lecture, the Chief Justice reasoned that, in a limited budget situation, the unlimited granting of all and any treatment or medicine cannot be imposed to the State. However, “this circumstance cannot be presented as a general clause of exemption to compliance to the constitutional laws and, mainly, to the accomplishment of the fundamental right to healthcare.”

In the end of his lecture, Chief Justice Barbosa stressed that, if the Federative Republic of Brazil has as an objective the construction of an unobstructed, fair and solidary society, and also the promotion of a wellfare state, this ideal will only be achieved if each and every citizen has the means to see their right to healthcare guaranteed.

Besides Chief Justice Joaquim Barbosa, attended the inauguration session: the President of the High Court of Labor (TST), Minister Carlos Alberto Reis de Paula; the CNJ's member Dr. Nay José de Freitas; the Inter-American Court of Human Rights Justice Roberto Caldas; World Bank and World Health Organization representatives, as well as professionals from the healthcare field and representatives from the organized civil society.

Promoted by the National Council of Justice (CNJ), the event takes place this Monday (3) and Tuesday (4), in the TST auditorium, and has the objective of debating the legal aspects of healthcare, medicine demands, negative hospital care, as well as measures to improve the agility of the proceedings related to these issues.

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