Health in Brazil is understood as a State obligation. However, complaints are made frequently and measures aiming to improve public services are demanded. It is recent that health judicialization became possible. The present study aims todemonstrate the construction to the right to health from a historical perspective, involving internal and international law, using as approach method the dialectic and some historical cuts. As a result, the study brings the legal contribution to the right tohealth and concludes that there is a solid protective regime nowadays, concerning the individual and the obligation of the States. Jonathan Percivalle de Andrade, Luísa Campos de Oliveira

Abstract

Health in Brazil is understood as a State obligation. However, complaints are made frequently and measures aiming to improve public services are demanded. It is recent that health judicialization became possible. The present study aims to
demonstrate the construction to the right to health from a historical perspective, involving internal and international law, using as approach method the dialectic and some historical cuts. As a result, the study brings the legal contribution to the right to
health and concludes that there is a solid protective regime nowadays, concerning the individual and the obligation of the States.