FUNDAMENTAL RIGHT TO HEALTH VS. RESERVATION OF THE POSSIBLE: A CONFRONTATION RESULTING FROM THE CRISIS OF LEGITIMATION OF THE CAPITALIST STATE

Abstract

The capitalist State has failed to guarantee the citizen's social rights, including the right to health, on the grounds of lack of financial resources, leading to the judicialization of the issue. The objective of this article is to analyze whether the conflict established between the fundamental right to health and the theory of the reserve of the possible is a consequence of the legitimation crisis of the contemporary capitalist State. Based on a bibliographical review of scientific articles and documental analysis, using the deductive method, it was demonstrated that the duel between the fundamental right to health and the reserve of the possible clause is a consequence of the legitimation crisis of the capitalist State.