THE FUNDAMENTAL RIGHT TO HEALTH AND THE CHALLENGES OF JUDICIALIZATION IN BRAZIL

Abstract

The right to health, guaranteed by the 1988 Brazilian Constitution, is a fundamental right linked to human dignity. Previously seen as an assistentialist policy, it became a universal right, requiring the State to ensure equal access through public policies. This right is mainly implemented through the Unified Health System (SUS), guided by the principles of universality, comprehensiveness, equity, decentralization, and social participation, offering services from basic care to highly complex procedures. Despite its progress, the system faces challenges such as underfunding, regional inequalities, and service overload, which contribute to the judicialization of healthcare. The COVID-19 pandemic revealed both the importance and the weaknesses of the SUS. To ensure the effectiveness of the right to health, greater funding, stronger primary care, investment in technology, and increased social participation are necessary. Even with its limitations, the SUS remains one of the greatest achievements of the 1988 Constitution and an international reference in universal public healthcare.