Public and private institutions, such as schools, health insurance companies and the SUS, among others, cannot avoid fulfilling their duties as set out in the legislation, but this is not always the case. When legal non-compliance occurs, it is necessary to seek judicial or extrajudicial solutions to guarantee the rights of any person to full citizenship.

The Federal Constitution states, in the caput of art. 5, that all are equal before the law, without distinction of any nature, guaranteeing Brazilians and foreigners residing in the country rights to equality, among other equally important rights; and in art. 6, it guarantees education and health as social rights, that is, of the entire society.