Niklas Luhmann’s Systems Theory and the challenges involved for legally achieving the of right to health in regard to medicines

Abstract

This essay deals with some of the limits and risks related to the essential performance of the judiciary in the control of the public medicine supply in defence of the right to health and dignity of the human being. This question relates to the necessity of making explicit legal decisions and submitting them to evaluations based on latent economic interests and diverging social expectations in regard to the interpretation of the Fundamental Right to Health, considered here from a re-reading of Niklas Luhmann’s Systems Theory, adjusted to the historical evolution of Brazilian social systems and to the identification of the 1988 Federal Constitution as a point of convergence of their comunications processes, not restricted, in any way, by judical and political systems. From this perspective, new ways must be sought to support judicial proceedings in which the duty of the state to supply medicines in defense of the concrete rights and dignity of human beings and advances in social rights is established as well to reduce the risks of possible attacks by the pharmaceutical industry and the mass medication of modern society.