FUNDAMENTAL RIGHTS IN TENSION WITH STATE LIMITATIONS

THE CHALLENGE OF PUBLIC HEALTHCARE IN BRAZIL

Abstract

The right to health in Brazil is enshrined in the 1988 Federal Constitution; however, its effective realization continues to face significant challenges, resulting in systemic social injustices particularly for individuals who rely solely on the State to access essential healthcare services. This article examines the right to health as a fundamental constitutional guarantee, analyzing the legal mechanisms and institutional responsibilities of the legislative, executive, and judicial branches in its promotion and protection. The judicialization of healthcare often invoked to secure such rights has triggered complex debates surrounding the separation of powers and judicial intervention in budgetary decision-making. While safeguarding citizens’ rights remains paramount, such judicial actions also reveal the structural limitations of the State in resource allocation and the implementation of public health policies. This study explores the tension between the enforceability of healthcare rights and the fiscal constraints imposed by the doctrine of the reserve of the possible, emphasizing the delicate balance between the State’s constitutional obligations and economic feasibility. Methodologically, this work is grounded in a literature review encompassing peer-reviewed journals, academic articles, theses, dissertations, and monographs. Expert analyses underscore the urgent need for a balanced and sustainable legal approach that upholds both social justice and economic viability. In conclusion, ensuring equitable access to healthcare requires coordinated action among all branches of government, guided by a continuous commitment to human dignity. This article contributes to the legal discourse on healthcare rights by illuminating the dynamics of judicial intervention and advocating for innovative, rights-based public policy solutions.