Law, Pragmatism and Legal Autonomy: The Problems of HIV/AIDS Public Policies in Brazil

Wednesday, 13 July 2016
Location: Hörsaal 6B P (Neues Institutsgebäude (NIG))
Distributed Paper
Damaris RIBEIRO, Faculdade de Direito do Sul de Minas, Brazil
Rafael Lazzarotto SIMIONI, Abrasd, Brazil
Danielle Domingues de CARVALHO, FDSM Faculdade de Direito do Sul de Minas, Brazil
This research aims at pondering about law autonomy regarding pragmatist concepts that ground public policies on HIV/AIDS in Brazil. In order to reach such a result, the research makes use of official data from UNAIDS to show the grounds of public policies on HIV/AIDS in Brazil, analyzing the event of violation to human rights within the period of post-adhesion to the treatment offered by the Brazilian Unified Health System (SUS). According to Law 9.313/96, the State offers free of charge, through SUS, Combined Antiretroviral Therapy (TARV), however, distribution of antiretroviral medications, necessary for the treatment of the disease, does not exhaust the cares with virus carrier patients. The side effects of the treatment demand from SUS structure with outpatient facilities and qualified healthcare professionals for seropositive patients to be able to properly adhere to the treatment, in addition to follow-up to avoid withdraw and further resume of treatment with virus resistance. The work provides with a reflection on the importance of law autonomy regarding pragmatist social demands.The great problem of law autonomy is that currently there is a trend to the instrumentalization of law to the economic-social satisfaction. Values are replaced for the ends. In this conception the pragmatist legal decision seeks the accomplishment of strategic goals and not the achievement of rights. The law is a mean to the result of the State’s economic and political strategies, disregarding material values and formal rules. The investigation concludes for the need of law autonomy between affirmation of fundamental social rights assurance and public policies on HIV/AIDS in Brazil.