Health surveillance: is it necessary an emergency legislation?

Abstract

The Law 8.080/90 which regulates the Brazilian National Public Health System includes the Epidemiologic Surveillance, expanding the concept. However legally this field of public health remains subject to the Law 6.259/1975. Bills are being drafted to replace the latter, but they are not in accordance to the 8.080 Act. Morever the promulgation of the new International Health Regulations (RSI/2005) requires that the country elaborates legal instrument to meet the demands of the International Code. This article aims to present some reflections on the preliminaries drafts of laws presented and their possible implications in the process of consolidation of principles that guide the Brazilian Sanitary Reform. It describes the creation and development of the National System of Epidemiological Surveillance in Brazil, highlighting the Law to which the Epidemiologic Surveillance is subject. Moreover, this Law has been promulgated during the military dictatorship it did not mention punishments against individuals. However, these preliminaries drafts of projects include the establishment of health violations and crimes which is rejected by the community involved with the field of Public Health, once this community believes that such devices are authoritarians, restraints of the individual freedom and that they violate rights such as the human dignity. If it is necessary, it is recommended that a new Law for the National System of Epidemiological Surveillance should be in accordance to the Rule of Law and democratic principles of the Brazilian Health Reform and the Brazilian National Public Health System. It is emphasized that restrictive measures should be transitor and carefully elaborate to avoid arbitrary acts from authorities, on behalf of the necessity of using force to control risks to health.