THE RIGHT TO HEALTH, STATE DUTY, AND JUDICIALIZATION: CHALLENGES AND PERSPECTIVES ON REALIZING THE FUNDAMENTAL RIGHT

Abstract

The 1988 Federal Constitution establishes that the right to health is a duty of the State and a guarantee assured to all citizens, reaffirming its relevance as an essential element of Brazilian citizenship. The creation of the Unified Health System (SUS), supported by the principles of universality, comprehensiveness, and equity, marked a decisive advance in the democratization of access to health services. This work analyzes the trajectory of public health in the country, highlighting the obstacles and challenges faced by the legal system in the realization of this right. To this end, a theoretical research methodology was adopted, based on the analysis of legislation and specialized academic references. The study demonstrates that, although the SUS has promoted significant progress, obstacles persist that compromise its full effectiveness, such as regional disparities, budgetary constraints, and deficiencies in public management. Overcoming these limitations requires effective public policies, adequate funding, and cooperation between governmental spheres. In short, health is a fundamental condition for human dignity and must be guaranteed universally, equitably, and with quality.