In this article, we'll look at the main rights of breast cancer patients, as well as highlighting how to access and exercise them.

Rights in the Unified Health System (SUS)

Access to mammography  

Women aged 40 and over are entitled to an annual mammogram under the SUS. If there is a family history or risk factors, additional tests may be requested.

Multidisciplinary care  

Patients are entitled to care from a health team made up of doctors, psychologists, nutritionists, among others, to ensure comprehensive treatment.

Treatment away from home (TFD)  

The TFD guarantees transportation and accommodation for patients who need to travel to other cities for treatment that is not available in their municipality.

Breast reconstruction  

Every patient has the right to breast reconstruction surgery through the SUS, immediately after mastectomy or at an opportune moment, according to medical recommendations.

Treatment within 60 days  

The 60-Day Law (Law No. 12.732/2012) ensures that cancer treatment must begin within 60 days of a confirmed diagnosis.

Social security and welfare rights

Sick pay

Patients off work due to temporary incapacity are entitled to sickness benefit. It is necessary to present a medical report and undergo a medical examination by the INSS.

Disability pension  

If the inability to work is permanent, it is possible to apply for a disability pension, as long as it is proven by a medical report and INSS examination.

Income tax exemption  

Breast cancer patients are entitled to exemption from income tax on retirement, pension or retirement income, as provided for in Law No. 7,713/1988.

Tax exemption for vehicles  

There is an exemption from IPI, ICMS, IPVA and IOF on the purchase of adapted vehicles, upon presentation of a medical report proving the need.

Home ownership  

In the event of total and permanent disability caused by cancer, it is possible to request the discharge of the mortgage, provided that the contract has a disability coverage clause.

Withdrawal of FGTS and PIS/PASEP  

Patients can withdraw their FGTS and PIS/PASEP balances on presentation of a medical report proving the diagnosis.

Rights to information and dignified treatment

Right to information  

Patients have the right to be informed about their state of health, treatment options and prognosis. The information must be clear and understandable.

Second medical opinion  

It is the patient's right to request a second medical opinion to confirm diagnoses and recommended treatments.

Humanized treatment

Treatment must be humanized, respecting the patient's dignity, privacy and individuality, in accordance with the Code of Medical Ethics.

How to access your rights

In the event of difficulties with health plans, the first step is to file a complaint with the operator's customer service department. If this is not resolved, the ombudsman should be contacted.

Unresolved complaints can be taken to Procon and the National Supplementary Health Agency (ANS), which inspect and impose sanctions on health operators.

When all administrative means fail, you can turn to the Public Defender's Office or take legal action to ensure that your rights are fulfilled.

Knowing and exercising your rights is fundamental to facing breast cancer with dignity and access to the best possible treatment. Get informed and seek support from specialized institutions to ensure that your rights are respected.

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