Judicialização do direito à saúde: considerações acerca do mínimo existencial

Abstract

The objective of this monograph is to understand the legal basis of the right to health. The focus will be on the problem which occurs when patients' rights are not transparent, i.e. they are 'hidden'. In particular, I will consider this question in relation to the separation of powers or the theory of principle reservation. A deductive methodology was used to make observations based on an historical legalization of the right to health. It is essential to understand the direct relationship that this topic has to, among others, the principle of human dignity, the right to life, and the principle of the inapplicability of the reserve as possible. Literature contributing to this monograph includes doctoral theses, legal documents and case law around public policy. The work described in this monograph suggests that the right to health is dynamic and constantly needs to be renovated to keep up with the changing needs of society. Understand that the "Power" is one and indivisible, and, alone, divided into different state functions that have typical and atypical functions with a single purpose: To ensure that the rules take effect. Thus, the Judiciary in its operations is required to ensure that fundamental rights are realized. People are in need of this protection of fundamental social rights, thus require implementation by the government. Consecration of a dignified life must be effected by the State as efficiently as possible. Finally, one comes to the conclusion that there is no need to talk about the violation of the principle of separation of powers or the reservation of the theory of the possible without legal and factual grounds. This raises the question of why this is apparently not a matter for urgent state action.