O direito fundamental à alimentação: Efeitos adversos dos alimentos industrializados e a saúde humana

Abstract

The present paper aims at investigating the occurrence of side effects by industrialized food in human health with the point of examining whether this food available to the consumers is in agreement to the health safety patterns, which are essential to the satisfaction of basic needs of a healthy body, as well as the constitutional warranties that provide to brazilians the fundamental right to nourishment, healthy quality of life and to the safety of human health. As a social right, the right to health is assured by the brazilian constitution of 1988. For its effectiveness, it depends on positive statements from the government. The nourishment, one of the determining factors to health and crucial to the life keeping, is the condition to the achievement of all the other rights, being, therefore, a fundamental right of the human being. With the evidences that the regular consumption of industrialized food, especially when and if alligned with other factors equally harmful to human health, is directly or indirectly associated with the surging of non-transmissable chronic diseases (DCNT), such as diabetes, heart diseases, Parkinson and Alzheimer diseases, osteoporosis, high blood pressure, liver diseases, strokes, trombosis among other illnesess and patologies, the present paper has considered the analisys of the responsability of the government and companies concerning the duty of refunding the consumer because of potencial and/or effective risks generated by the availibility of unsafe food in the market. That is to say, products produced with the use of substances proving harmful to human health, as well as lack and bad conditions of sanitary vigilance concerning the inexistance of mechanisms or effective programmes for controlling and checking of quality patterns, identity and safety of nourishment that should be applied continuously and permanently to the achievement of the protection assured by the constitution. Due to the conclusions of this research and based on the constitutional principle of human being dignity, in the fundamental right to nourishment, to a healthy quality of life, to health and to the right to information, it was presented a suggestion of introducing the theme WARNINGS in the information of the compulsory lable. This topic should provide information concerning the side effects that the substancs used in the manufacturing of these products can bring about to human health