The Fundamental Right to Health in Brazil – Theoretical Normative Aspects and Jurisdictional practice

Abstract

The so-called "juridification" of the fundamental right to health, regard to the case law analysis and to the doctrine shows a large existing discussion about it, of how and in what extent may be judicially required material benefits concerning the preservation or restoration of health by the State and - especially by the corporate, national and international bodies, like the pharmaceutical research laboratories -. To this is added the problem of institutional power relations, in particular as regards judicial intervention under the action of the legislative and executive branches, based on the doctrine of separation of powers. In search of a definition and reconstruction of the right to health object, a theoretical intercourse is necessary, in order to establish a dialogue between the judicial and academic development to delimit the scope of protection of right to health in the Brazilian law.