THE RESERVATION OF THE POSSIBLE IN THE HEALTH SCOPE AND ITS INAPPLICABILITY IN THE BRAZILIAN SYSTEM José Júlio Gonçalves de Almeida, Alder Thiago Bastos, Renato Poltronieri

Abstract

The present scientific article aims to study the theory of the reserve of the possible and its effectiveness in the scope of the Brazilian sanitary right, as well as to ascertain the adoption of this theory in the Judiciary in its judgments. Knowing that the Federal Constitution advocated health as a fundamental right and that there was a growing judicialization of requests that deal with the material availability to fulfill the right to health, the reserve of the possible was established as a means of defense of public entities to justify the budgetary impossibility to pay for the treatment of the health of the entire population that uses the Unified Health System. It was verified, through the deductive method, using bibliographical references published in digital and physical means that said theory, originating in the Court Was amended to justify the insufficiency of financial resources to provide all the fundamental rights guaranteed by the Federal Constitution. We conclude, therefore, by the inapplicability of the theory in the Brazilian system.