Princípio da reserva do possível e sua utilização para impedir a efetivação do direito fundamental à saúde

Abstract

The present work intends to analyze the use of the principle of reserve of the possible as a way to prevent the realization of the social right to health, based on the contrast between the right to health and the reserve of the possible. There is no doubt that the 1988 Federal Constitution guarantees the right to health. However, it is intended here to understand whether the allegation of scarcity of resources on the part of the Public Power can be used to limit the effectiveness of this right, which is of paramount importance to the population. Hence the need for this work arises, after all, the provision of this social right, comes precisely to safeguard the dignity of the human person and, consequently, ensure the minimum existential. Thus, it is worth noting that the principle of proportionality will be used as a parameter to resolve this conflict between principles and rights that govern the realization of the right to health and the reservation of the possible