Reserving the possible use of natural resources to guarantee the right to health Bruno Fernando Barbosa Teixeira Tasso, João Xavier dos Santos Neto, Fernando Reverendo Vidal Akaoui

Abstract

Objectives: This paper discusses the possible reserve and its application in the Right to Health. The possible reserve is like a limiter of the state provision of the right to health. It is embodied in the impossibility of meeting the unlimited demand available in the modern world. The Right to Health, in turn, must be ensured by the State. However, this reserve is normally related to the management of financial resources, but it must also take into account the scarcity of environmental resources. Methods: Regarding the research method, the bibliographic and qualitative method was used, seeking information in the doctrine, carrying out the analysis of the data and information described. Regarding the approach, the dialectical method was used to establish the contrast between the institutes, aiming at their possible harmonization. Results: from the contrast, the need for harmonization of the institutes is perceived. At another point, it is perceived that the scarcity of environmental resources should be observed as a factor in the application of the possible reserve. Conclusions: Ensuring the minimum existential level in environmental terms also reflects the need to preserve the environment and produce inputs in a sustainable manner in order to apply the possible reserve. The environmental factor related to scarcity and sustainability must be verified, together with the economic factor of the possible reserve principle, in the fulfillment of the right to health. The crux of the matter is to promote fulfillment of the right to health in a sustainable manner and with management of scarce environmental resources.