Universalização do direito de acesso aos procedimentos da reprodução humana assistida através do poder público

Abstract

In the face of the increasing number of people affected by human infertility and sterility, as well as the technological advance in the area of medical science, assisted human reproduction has been the object of the affected population’s claim. It happens that, due to the high expense, just a part of the population, that is financially privileged, has access to such procedures, causing serious inequalities in the assurance of the right to health. Thus, through the dialectic method of approach and the monographic as procedure, this research analyzes the possibility of universalizing the right of access to assisted human reproduction procedures, funded by public resources. Therefore, first, considerations of fundamental rights, especially the fundamental right to health, were made. Subsequently, assisted human reproduction techniques were presented as an option for the population affected by infertility and sterility. Finally, the arguments related to the possibility of the State assuming the demands about assisted human reproduction techniques were discussed. Two cases of the Rio Grande do Sul’s Court of Justice were reviewed, in order to expose how the demands are being solved. In this respect, it was concluded that infertility and sterility are worthy of support by the fundamental right to health, through the assisted reproduction techniques, since they are classified as diseases and their treatments must be supported by the Health United System to those who can’t afford them, because the State can’t leave those people helpless, facing physical, psychological and social consequences