Not taking the costs of rights seriously: the right to health by the Brazilian Federal Supreme Court

Abstract

The current study presents the discrepancy between theoretical declarations and Brazilian Federal Supreme Court decisions regarding the constitutional right to health. Therefore, this study conducts a review and analysis of the literature and content on Supreme Court decisions regarding the constitutional right to health care. On the one hand, the constitution defines the cost of rights as a factor to be considered in the theorization of fundamental rights; on the other hand, the jurisprudence of the Brazilian Federal Supreme Court discards cost as a relevant element when deciding. The disconnection between doctrine and jurisprudence affects a constitutionally adequate interpretation on constitutionally given social rights.