REALIZATION OF THE FUNDAMENTAL RIGHT TO HEALTH: ANALYSIS FROM RAWLSIAN LIBERALISM

• Autor(a) principal: Vanessa Rocha Ferreira
• Data de Publicação: 2021
• Outros Autores: Versalhes Enos Nunes Ferreira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito UFMS
• Texto Completo: https://periodicos.ufms.br/index.php/revdir/article/view/11478

Text that analyzes the jusfundamentality of the right to health in the Brazilian legal system, defending its full realization. It is base on the theoretical reference the egalitarian liberalism of John Rawls, for understanding to be the political-philosophical conception that best fits the idea of distribution of fundamental social rights, justifying the possibility of its concession in satisfactory level to all who need it. Using exploratory methodology and theoretical-normative analysis, applying the bibliographic research technique, discuss the research problem, which is, the possibility of full realization of the right to health. The study is divided into four items. The first being in this introduction. The second approaches the tutelage addresses the protection of health in the Constitution and in the infra-constitutional legislation. The third item works with a theory of chronic justice as a sufficient theoretical prism to support the realization of this right under its individuality. Finally, the essay's final considerations are presented, to demonstrate that Rawlsian liberalism is an adequate theoretical model to ground, in the light of Rawls' contemporary conception of distributive justice, to base the understanding that health is a right of every human being and, therefore, liable to be effected by judicial means.