O Estado Regulador no direito à saúde: aspectos constitucionais da regulação

Abstract

Objective: to analyze general elements of regulation and the role of the Brazilian Regulatory State, focusing on the safeguarding of fundamental rights, especially the right to health. Methodology: the research was based on the deductive method of René Descartes using, as premises, the general principles of law, the legal system around health law and the role of the Regulatory State and the jurisprudence of the Supreme Court on health surveillance. Results: effective health protection, which involves ensuring that citizens will have access to safe and effective health products and services, demands a solid regulatory framework duly recognized by the country’s democratic institutions. The regulatory agent must interfere in economic activities that deviate from what is considered contrary to the public interest and, above all, with regard to the fundamental right to health. Conclusion: the independent and well-founded action of regulatory agencies is essential to ensure the safety and well-being of citizens in health matters. Received: 01/08/23 | Accepted: 16/08/23