Right to health: systemic approach, risk and democracy

Authors

  • Germano André Doederlein Schwartz Centro de Estudos e Pesquisas de Direito Sanitário

DOI:

https://doi.org/10.11606/issn.2316-9044.v2i1p27-38

Keywords:

Rigth to the Health, Theory of the Systems, Risk and Democracy

Abstract

This article intends to demonstrate that the health is a system and that your juridical protection will only be satisfactory if done based in the pragmatic systemic idea of right, by Niklas Luhmann, besides to show that the decisions about it contains an intrinsic risk resultant of the differentiation and of the communication between the system-health and the other social systems, as well as to prove that the risk should be considered requirement so that the right to the health is also a space of democratic (re)invenction (LEFORT, 1991).

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Published

2001-03-01

Issue

Vol. 2 No. 1 (2001)

Section

Original Articles

License

The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en

How to Cite

Schwartz, G. A. D. (2001). Right to health: systemic approach, risk and democracy . Journal of Health Law, 2(1), 27-38. https://doi.org/10.11606/issn.2316-9044.v2i1p27-38