BASIC RIGHT TO HEALTH: FROM REGULATORY ASSISTANCE TO EFFECTIVE IMPLEMENTATION Emerson Rhodene Sousa Rios, Layza Bezerra Maciel Pereira, Vitória Josefina Rocha D Almeida Mota, Ismael Alves Lopes

Abstract

The article refers to the constitutional right to health and the obstacles to its guarantee, as well as the probabilities for overcoming the challenges, supported by a formal recognition of the dominant jurisprudential agreements on the importance of this right. During the analysis, it was observed that the Courts operate the reserve of the possible as the fundamental context of obstacle to the realization of the right to health. Thus, it was emphasized that, comparable to German law, Brazilian law uses the idea of ​​reserve of the possible in a confusing way. In summary, it showed the primordiality of popular participation and control in the allocation of public resources related to health, as a format for realizing the aforementioned fundamental right.