Principle of universal access to health and unjustified requirement of proving hypo sufficiency in court

Abstract

This paper aims at explaining the thesis approved in the First Congress of Mining Right to Health and the Ninth Congress of the Public Prosecutor Office of the State of Minas Gerais. It analyzes the possibility of using the economic criterion (hypo sufficiency) in the trial of lawsuits for benefits on grounds that have the right to health in view of the constitutional guarantee of universal access to health actions and services in Brazil. Accordingly, after examining the concept, the reasons and legal basis of the principle of universality, it appears that the principle is mitigated when it requires proof of lack of resources demands that deal with the right to health as well as whether such a requirement is permitted by Brazilian law. Finally, we present the study conclusion, stating the inability to use the criterion in question, which contradicts the constitution.