THE PRINCIPLE OF THE RESERVATION OF THE POSSIBLE AND THE RIGHT TO HEALTH: CONFLICTS AND CONVERGENCES

Abstract

The general objective of the research is to discuss the relationship between the reserve of the possible and the fundamental right to health. To carry out the research, the methodological procedure of bibliographic and documentary review with a qualitative approach was used, in which the scientific articles, theses and dissertations consulted in the construction of the work were found in digital repositories, such as Google Scholar, Scielo and BDTD. In the documentary part, jurisprudential documents relevant to the object of the research were analyzed. The deductive method was used. Through the research it was possible to understand that The reserve of the possible, although legitimate for the preservation of public resources, cannot be invoked in an unrestricted way to justify state omissions that compromise the health of citizens. Brazilian jurisprudence reaffirms that the existential minimum, by encompassing the right to health, configures an insurmountable limit to public policies, making setbacks that affect already consolidated rights unfeasible.