This monograph seeks to investigate how the phenomenon of the judicialization of health, in
which standards of interpretation by the Supreme Court that call into question the very social
nature of this right, raises questions involving the difficulties of implementing Social Rights in
Brazil. Both points reflect a symptomatic problem of the 1988 Constitution in serving as an
effective instrument for social demands given the interference of economic, legal and historical
factors that compromise the realization of these rights, a matter of consequences beyond the
demands brought to the Judiciary, being also perceived in the many and constant constitutional
reforms by the Legislative Power, actions that, together, result in material restriction, in the
form of interpretation of the Constitution, and formal restriction, in the form of constitutional
amendment of several of the Social Rights enshrined in the constituent pact. Considering legal,
philosophical and political factors, the research investigates this complex discrepancy between
what the 1988 Constitution agreed in its text and what is effectively protected, through a
bibliographical approach of a qualitative nature that tries to escape from mere empirical study
or then from the typically descriptive and rigidly normative legal study. In order to understand
the complex issue involving the effectiveness of Social Rights in Brazil, an interdisciplinary
study must be carried out, considering not only theoretical and empirical research on the subject
within the scope of Constitutional Law, but also studies in Political Philosophy and Political
Science.
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