Hermeneutics of the Right to Health from the perspective of Legality Flávio Antonio de Oliveira

Abstract

This article aims to defend the mandatory provision of supplies to ensure health and quality of human life, even if not covered by internal regulatory acts by the State, due to the essential systematic hermeneutics from the perspective of legality in line with fundamental rights. Administrative legality is conceived through the dialogue of sources derived from principles and rules, expanding the concept of strict administrative legality from a constitutional perspective in view of the supremacy of its normative force, encompassing the entire legal order. As a result of a systemic process that aims to prevent and cure diseases and, concomitantly, an adequate quality of life, the constitutional right to judicial protection cannot be restricted by understanding the application of the infra-constitutional system of repetitive appeals based on a paradigm that can be extended to future cases, considering the process as an instrument for assessing the reality of each individual and as a prerequisite for effective access to the means indispensable to a state of full health and/or well-being.