O DIREITO À SAÚDE NA FRONTEIRA E DIREITOS HUMANOS: ASPECTOS JURÍDICOS DO ACESSO DE ESTRANGEIROS NÃO RESIDENTES NO PAÍS AO SISTEMA PÚBLICO DE SAÚDE NA REGIÃO DE FRONTEIRA ENTRE BRASIL E PARAGUAI NO ESTADO DE MATO GROSSO DO SUL

Abstract

This paper addresses the right to health of foreigners who are not resident in Brazil. The general objective of the study is to verify whether it is possible to legally guarantee these foreigners access to health care in the national public system, in the border region between Brazil and Paraguay in the State of Mato Grosso do Sul, from the perspective of human rights and international cooperation. To this end, this paper has as specific objectives to describe the historical evolution of the human right to health and its main aspects in Brazilian law; to discuss the inter-American system of protection of human rights and identify the position of the right to health within it; to analyze international cooperation from the perspective of the Cooperative Constitutional State and its potential to enforce human rights in border regions; to point out the legal difficulties in enforcing the right to health for foreigners who are not resident in Brazil in the chosen region; and to outline a proposal for a legal approach that allows for the effectiveness of international human rights treaties that provide for the care of foreigners who are not resident in Brazil by the national public health system. The relevance of this research to academia is related to the study of the indispensable dialogue between Brazil's domestic legal system and the international treaties to which Brazil is a signatory to guarantee Human Rights. The research contributes to the formulation of public policies, as it allows for a better understanding of the current state of the chosen problem. The study raises the hypothesis of recognizing regional citizenship for citizens of the States that make up the Organization of American States and the direct justiciability of the right to health, in order to facilitate access by foreigners to Brazilian public health treatment. The research adopts a qualitative approach and, as to its objective, is classified as exploratory. The method will be hypothetical-deductive and the procedure adopted will be that of bibliographic and documentary review of legal and conventional texts. At the end of the research, it was possible to conclude that there are legal grounds that allow recognizing the right of non-resident foreigners to receive care from the public health system, directly from the human rights treaties to which Brazil is a signatory, as well as that their implementation involves facilitating foreigners' access to justice at the national level, with the recognition of the competence of the State Common Courts to process and judge the respective actions and, at the regional level, in the institution of mechanisms to ensure international reimbursement of expenses incurred by a State for health treatment with nationals of another State in the region.