Reserva do possível, mínimo existencial e o direito à saúde: análise geral desses direitos no que tange a judicialização nos casos específicos de fornecimento de medicamentos

Abstract

The aim of this study was to analyze the right to health as a core element of social and fundamental human rights, associated with human dignity, delving into the realm of the judiciary. It sought to examine the legal foundations of judicial decisions and investigate disputes in which this right comes into conflict with the Principle of the Possible Reserve, the Minimum Essential, human dignity, proportionality, and reasonableness. To accomplish this, a case study was conducted within the jurisdiction of the Barra do Garças - MT Court of Justice. Additionally, an investigation was carried out into the growing number of cases of litigation within the unified health system, highlighting the crucial role of the Judiciary in safeguarding fundamental rights. The research adopted in this study is of a bibliographic and investigative nature, with a qualitative focus. It relied on pre-existing theoretical sources such as books, articles, dissertations, and theses to validate the approach to the subject and present various perspectives on the matter. The reflection led to the understanding that, in the short term, the Judiciary must continue to play a vital role in ensuring the effective enforcement of fundamental rights enshrined in the Constitution. However, in the medium and long term, the Executive and Legislative branches must develop administrative strategies to promote more equitable access to these demands, ensuring, at a minimum, access to the essential minimum for all. Furthermore, it is crucial to equip the Judiciary to provide efficient and specialized judicial assistance in the field of public health and budgeting.