The legal-political realization of the right to health in the Brazilian Supreme Court: the paradigmatic reference of SL 47-AgR/PE

Abstract

Health is a fundamental right, essential for protection and maintenance of life, assuming the dignity of the human person, having an important role in the complex social reality of which we are a part. As such, the right to health should be constantly protected, respected and guaranteed through social and economic politics, in favor of the interest of each individual and his or her own community. In this context, when called upon to rule, the Brazilian Supreme Court, as guardian of the Constitution, has the duty to deliver responses capable of providing physical, mental and social well-being to all, aligned with the provisions of the Constitution, in order to ensure appropriate legal and/or polítical significance in its decisions. Therefore, it is relevant to assess if the activities of the Court, in concrete cases, can effectively respect the best legal practices and/or policy and, for this purpose, and to fit it into this paradigm, it was selected a specific decisum.