ABSTRACT

Due to the importance of the subject, currently health is legally supported in Brazil, by the Federal Constitution, the maximum law in the legal framework. In the criminal sphere, in analogy to crimes of discrimination related to race and color, so does the discrimination of patients with inflammatory bowel diseases (IBD) can be considered a crime, with the allocation of imprisonment of up to five years and a fine as penalty. The highest and mightiest law of the country dedicates a specific section to the issue, establishing health as a “right of all and a duty of the State” and, consequently, places all citizens on equal footing, including those with IBD. Before the precepts of human dignity, the right to life and health, an approach to providing access to methods of treating diseases is indispensable, through the realization of examinations and the use of appropriate medication.