The Health Basic Law of Portugal is a legal instrument that establishes a legal framework for protecting and promoting the health of individuals, households, and communities. The new Health Basic Law No.95, approved in 2019, revoked the previously effective Law No. 48/1990 and Decree-Law No. 185/2002. It aims to modernize the healthcare system through updated principles, policies, and responsibilities of various stakeholders, including the state, municipalities, and health professionals.
Authors Uría Menéndez, Francisco Brito e Abreu, and Joana Mota wrote:
“In addition to what is stated in the Constitution of the Portuguese Republic regarding the right to health protection, the general policy guidelines regarding the healthcare sector in Portugal are set out in Basic Law No. 95/2019 of 4 September (the Healthcare Basic Law).”
Authors Luís Augusto Coelho Pisco, Vera Pires da Silva, and Baltazar Ricardo Monteiro in their 2024 article described the role of this law as follows:
“In this new law, the National Health Service (SNS) would normally have adequate funding to effectively ensure the right to health for all citizens, at least equaling the mean per capita health expenditure recorded in other European countries. Also, this financial reinforcement would impact health promotion, disease prevention, equipment modernization, health technologies, and information and communication systems. Since this issue has yet to be adequately incorporated, although essential reference has been made to multi-annual investment planning, healthcare financing depends on economic crises and each Government’s economic and financial decisions. Without an established investment strategy and guidance being proposed for a path to be followed by legislators and governments, healthcare is still not seen as an investment and a decisive factor in creating national wealth.”
