The minimum existential and the possible reserve in the face of the judicialization of access to healthcare in Brazil

Abstract

This work aims to present a brief study related to access to health in Brazil, when analyzed from the perspective of a fundamental right from which the State cannot exempt itself from the responsibility of guaranteeing its citizens free access, even if at a level that affords him a modicum of dignity. For this, it will be done through a bibliographic research, contemplated by the analysis of norms that establish guidelines for the provision of public health services, as well as doctrinal opinions regarding the subject, and finally, judicial decisions of demands of judicialized health. Thus, discussions will be presented regarding fundamental rights and guarantees and health as a fundamental right, brief notes on the SUS-Sistema Único de Saúde, and on potential limitations to access to public health in Brazil. Then, concepts and discussions will be brought about the theories of the existential minimum and the reserve of the possible, in addition to the contextualization of theories with the right and access to public health services in the country. Finally, considerations will be presented regarding the judicialization of access to public health services in Brazil, and how the theories studied can support the decisions of judges and a brief notion of judicial decisions in which the theories were used in the concrete case.