THE (IN) JUSTICIABILITY SOCIAL RIGHTS FUNDAMENTALS: THE REALIZATION OF THE RIGHT TO SOCIAL HEALTH IN AN ANALYSIS OF WEIGHTING PRINCIPLES

This research adresses the justiciability of fundamental social rights, analyzing the state’s role in the effectiveness and availability of fundamental rights under the Constitution of the Federative Republic of Brazil in 1988. In this respect, aims at analyzing the right to access to health, taking into account the fundamental assumptions of human dignity and the right to life. It is known that the State has a duty to provide free health care for all people, respecting their budget are limit called the possible reserves. For both, a jurisprudential analysis of the effectiveness and the granting of free access wil be made certain services that are not provided free by the government, from the perspective of positioning and intervention of the courts of justice in the provision of health, as a means of effecting the constitutional guarantee. Thus, the theoretical foundation of the research is based on the constitutional principles, especially with respect to human dignity and health as essential to the maintenance of life and full enjoyment element.