Fraternal Law and the Promotion of Black Women's Health: A Legal and Social Analysis

Abstract

This article analyzes the use of the concept of "Fraternity Law" within the scope of the right to health in Brazil. In the face of the growing judicialization of health and the need to combat racism and discrimination, Fraternity Law offers an innovative perspective that seeks to promote fundamental human values and social justice. The Brazilian legal system faces complex challenges related to the right to health and its judicialization. The demand for medical treatments has overwhelmed the judicial system. Fraternity Law emerges as an approach that considers the construction of a fairer and more equal society, going beyond the strict application of the law. The article aims to analyze the application of Fraternity Law in Brazilian legislation related to the right to health. It seeks to identify how this approach can offer an alternative perspective for dealing with the judicialization of health, aligning judicial decisions with public health policies. As for the methodology, a bibliographical study was conducted, using the hypothetical-deductive approach, involving a critical analysis of Brazilian legislation and jurisprudence on the right to health, as well as a review of the literature on Fraternity Law. Health judicialization cases are examined as case studies to highlight the practical implications of Fraternity Law. The study reveals that Fraternity Law emphasizes values such as equality, solidarity, and social justice, offering a broader perspective on the right to health. This can result in judicial decisions more aligned with health policies and contribute to combating racism and discrimination in the healthcare system. Fraternity Law manifests itself as an innovative approach to ensuring the right to health in Brazil, promoting fundamental human values. Its implementation requires reflection on the integration of these principles into legislation and judicial decisions, aiming for a more effective and humanized approach to the right to health in the country.