JUDICIALIZATION OF HEALTH AND THE RESERVE OF THE POSSIBLE

Abstract

The article addresses health as a second-dimension human right, which depends on the positive benefits of the State for its substantial implementation. In addition, health is guaranteed to all, through social and economic policies aimed at reducing the risk of disease and other injuries and universal and equal access to actions and services for health promotion, protection and recovery of the community. Moreover, the article deals with the impossibility of compliance by the Public Power with the social policy of universal access to health, especially for treatments with orphan drugs that demand high costs, resulting from the use of the principle of reservation of the possible, due to the unavailability of financial resources previously enrolled in the budget of the Public Power, to cover such expenses. Finally, the role of the Judiciary in ensuring, on such confrontation of values, always ensuring the care of the individual in search of the greater guarantee that is access to health.