The social right and subjective health right: the challenge of comprehensing a two faces right

Abstract

This article analyzes the position of Brazilian Judicial branch regarding the effectiveness of the right to health in Brazil. Throughout case studies and analisis of public politics, this work demonstrates the need of changing the paradigms of law interpretation due to the importance of harmonizing apparently contradictory values such as social rights, subjective public rights, dignity of human being, equality, universality and public investments. It is mandatory to recognize the existence of a rightful and social project which is more worthy than individual requirements. These demands should only be attended with reasonable justifications. It is also necessary to reinforce the institutes which compose the right to health, emphasizing the comprehension of Health Law and of the public politics.