THE EFFECTIVENESS OF SOCIAL RIGHTS AND FUNDAMENTAL GUARANTEES OF THE RIGHT TO HEALTH IN THE 1988 CONSTITUTION

Abstract

Health is essential to the dignity of the human person, comprising an individual's fundamental right, which is why the State has an obligation to implement it, to create legislation, instruments, programs and action plans to provide, for example, essential treatments and medicines.  Thus, the development of this work will show some particularities about the guarantee of the right to health, analyzing both the theoretical part and the analysis of judgments of the Federal Supreme Court and the Court of Justice of the State of Tocantins, using bibliographic research as a methodology applied. . Finally, it is possible to see that there is still disagreement about judicialization and its scope in protecting the right to health, mainly regarding the interpretation and application to specific cases by judges. However, given the State's omission, there is a need for judicialization to guarantee the applicability of social rights.