According to the INCA (National Cancer Institute), in Santa Catarina, 75 out of 100,000 women develop breast cancer throughout their lives. The index ranks the state at the top of the rankings that evaluates the incidence of the disease among women in Brazil.

The alarming figure highlights the importance of the Pink October campaign dedicated to raising awareness and fighting breast cancer. But few women know that patients have special rights guaranteed by Brazilian law.

Laws benefit patients with various types of cancer, including breast cancer – Photo: Disclosure/ND

These laws guarantee women free public health services, including, for example, screening tests, rapid access to treatment, and breast reconstruction surgeries.

In case of non-compliance with these rules, the patient should contact the Health Department of their municipality. If they do not answer, then the way is to contact the prosecutor’s office.

“To ensure and verify any violations, to enforce legal deadlines for everyone, thereby guaranteeing the right to life and decent treatment for patients,” explains prosecutor Leah Nara Dalmutt.

Know the laws

Law on 60 days – Law 12,732/2012

The 60 Days Act is so named because it guarantees all people with a malignant neoplasm (cancer) a period of 60 days to begin treatment through the Unified Health System (EHS), counting from the day of diagnosis.

In addition, this law ensures that people with suspected breast cancer will have the necessary tests for diagnosis within 30 days.

Breast Reconstruction Law – Law 12,802/2013

This law guarantees a patient who has had her breast cancer removed on the public network the right to have breast reconstruction with SUS, if possible, at the same time as the operation.

If the patient does not present clinical conditions for reconstruction at the same time, the law still guarantees the procedure to be completed as soon as possible.

Law 14,335/2022

Sanctioned this year, it expanded the text of the Mammography Law (11,664/2008), which deals with the prevention, detection, treatment, and control of cervical and breast cancer by SUS.

Previous legislation guaranteed SUS mammograms for women over 40, but the new law has expanded this criterion so that all women can now have mammograms from puberty, regardless of age.

In addition, the text no longer refers specifically to cytopathology and mammography and is beginning to include all the procedures needed to diagnose cervical, breast, and colorectal cancer in women.

Law 13,767/2018

This law regulates the absence of workers for preventive examinations. Legislation allows employees to be absent from work for up to three days — every 12 months of work — to undergo cancer screening.