Reserva do possível e conflito com direito fundamental à saúde

Abstract

The discussion about the "Reservation of the Possible" emerges as a relevant legal concept within the scope of fundamental rights, especially in the context of public policies and the realization of social rights. The Reservation of the Possible refers to the idea that the state must respect budgetary limits and financial feasibility when implementing policies aimed at the realization of rights such as education, health, and social assistance. The debate surrounding the Reservation of the Possible also involves the judicial interpretation of fundamental rights, as courts may be called upon to decide on the implementation of rights in the face of claims of insufficient resources. Therefore, understanding this concept is essential for promoting a just society that seeks the dignity and well-being of all citizens. Thus, in order to verify the realization of the right to health and its possible conflict with the theory of the Reservation of the Possible will be the key point in the present study.