The objective of this monograph is to study the effectiveness of the right to health, for that it
was necessary to conceptualise the right to health; Approach the way the Brazilian
Constitution of 1988 provides the right to health as a fundamental right and what its
promotion is; Seeking to understand arguments involving the Principle of Basic conditions of
Life and the Principle of Reserve for Contingences; To seek understanding of the
phenomenon of the judicialisation of the right to health and the importance of the Judiciary
participation in public policies; Collect legal precedents and themes of general repercussion
that demonstrate the Federal Supreme Court's perspective on the effectiveness of the right to
health; Analyse the rights and duties of Individuals and the State in the right to health using
the Pandemic caused by the COVID-19 as an example. In this regard, the method adopted was
that of bibliographic research and thus carried out an analytical-descriptive research using
books, electronic sites, judgments and regulations, in addition, this monograph analysed the
effectiveness of the right to health through the approach of some of the current themes on this
social right, being the themes as following: Principle of Basic conditions of Life, Principle of
Reserve for Contingences, Essential Core of the Right to Health and the Pandemic caused by
COVID-19. From this analysis, we observed the benefits of the active position of the
Judiciary in the phenomenon of the judicialisation of the right to health, since the Executive
and Legislative Powers would be omitting in relation to a right to do and society needs an
answer to the complex health situation of the country. Therefore, it was possible to deduce
from the research that the State has a duty to provide the right to do in relation to public
policies that make this fundamental right concrete, thus, the effectiveness of the right is not
limited to curative medicine, since actions and services must also be carried out for prevention
and promotion.
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