A efetivação de direitos fundamentais sociais pelo poder judiciário: o direito à saúde

Abstract

The purpose of this study is to qualitatively useful add on the subject of the execution and application of the fundamental right to health , by the Judiciary. The development of debates on this issue in Brazil is of great expression , because for many years the Brazilian legal community already discusses and writes about , but remains current . The pretension here in not to exhaust the subject or to come to some sort of absolute conclusion. This is because the issue of protection of fundamental rights is extremely broad and very complex . Thus , this study restricts the analysis of the enforcement of fundamental rights just as the right to health , which in itself is quite complex and difficult doctrinal consensus. The necessary observance of legal concepts that are embraced by the discussion will also be placed in this work, the clash between the so-called "existential minimum" and “reserve of possible" , through analysis of the proportionality between the budgetary issues and constitutional values covered by the human dignity . Still in the wake of reasoning , this paper will promote analyzes of the intervention of the State court , taking into account your current technical ability to achieve the right to health , seeking always to approach of "fairer" decisions acts