HEALTH LITIGATION AS A GUARANTEE OF A SOCIAL RIGHT UNDER THE CONSTITUTIONAL PROVISIONS OF ARTICLES 6 AND 196 OF THE 1988 FEDERAL CONSTITUTION

Abstract

This article examines health litigation as a safeguard of the social right established in Articles 6 and 196 of the 1988 Federal Constitution, considering the organization of Brazil’s Unified Health System and the limits of judicial intervention in public policies. The bibliographic and documentary study analyzes health legislation, scientific publications, and the binding precedents of the Federal Supreme Court. It addresses the enforceability of the right to health, the responsibilities of federal entities, access to medicines, and the reconciliation of individual clinical needs with technical criteria for health technology incorporation. An examination of Themes 6, 500, 793, and 1,234 shows the adoption of standards emphasizing administrative justification, scientific evidence, and public financing arrangements. The findings indicate that judicial protection is necessary in cases of unlawful action or failure to act, but its effectiveness depends on decisions committed to equal access, continuity of care, and collective consequences. Individual protection should help remedy failures in the public health system without creating a parallel mechanism for allocating resources (Brasil, 1988).