The provision of essential medicines for AIDS treatment within the context of the right to health and the World Trade Organization

Abstract

Since the promulgation of the 1988 Constitution, the construction of a new democratic paradigm has been anchored in human dignity, now enshrined as a foundational principle of the Federative Republic of Brazil. Previously, the right to health—and the public policies directed toward it—was characterized by state neglect, often implemented through moralistic, welfarist, and/or philanthropic measures. With the innovation of the "Citizen Constitution," health became a collective responsibility, requiring the State to take positive and effective action to promote social well-being. In this context, this article analyzes the Brazilian State's provision of essential medicines to combat AIDS as a measure consistent and in harmony with the dictates of the 1988 Constitution and the international instruments ratified by Brazil. Proceeding from the concept of the right to health as a subset of human rights, the article aims to highlight how the provision of essential medicines for AIDS control constitutes a practice capable of overriding the intellectual property rights of pharmaceutical companies within the framework of the World Trade Organization. To this end, an inductive method was employed, involving a literature review and the gathering of data on the HIV-infected population, with the aim of defining concepts essential to a satisfactory understanding of the study.