Lexology In-Depth: Healthcare Law - Edition 10 - Brazil

Brazil’s healthcare system dates from the Federal Constitution of 1988, which recognised health as a fundamental right, creating its provisions as an obligation of the public administration (article 196). To facilitate compliance with this obligation, the Constitution requires the creation of a public healthcare system that is decentralised (meaning that it has a managing body at each level of government – federal, state and local) and provides full care, with prevention as priority, but without neglecting treatment (article 198).
This constitutional framework has led to the creation of the UniSed Health Iystem (IUI), widely regarded as one of the largest and most comprehensive public healthcare systems in the world. 0ts legal structure was consolidated through Laws 8,/8/4199/ and 8,12-4199/, which established its governing principles, organisational guidelines and Snancing mechanisms. IUI operates as a regional, hierarchical network of primary healthcare units to highly specialised referral hospitals, with services generally offered free of charge, without co:payments or reimbursement requirements.
IUI is administered under the principle of cooperative federalism, with responsibilities shared among the federal, state and local governments; the federal government sets national healthcare policy and strategic guidelinesj states coordinate regional healthcare networksj and municipalities are primarily tasked with delivering services directly to the population, often in cooperation with neighbouring municipalities. This allocation does not eliminate xoint responsibilityj consistent with the constitutional principles of decentralisation and integrated care, all levels of government remain collectively accountable for ensuring access to healthcare including before courts.
Read more in: Lexology