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The right to health is affirmed in the Constitution of the Republic of 1988 as one of the fundamental rights of the human being, being the duty of the State to guarantee it through the execution of public policies, embodied in the so-called vital minimum. However, the erroneous application of the theory of the reserve of the possible for this purpose produces a link between the realization of rights and the financial capacity of the state. EC 95/2016 implemented the so-called spending cap. Not only was the skewed adoption of the aforementioned theory and the budget issue sufficient, the recent legislative amendment to the LINDB now required the magistrate to point out the practical consequences of his decision. Because of this, the present study, through the dialectical method, started from the following problem: Are judges given a full range of possible consequences resulting from their decision, making a real exercise in futurology? In conclusion, there was, in fact, a flagrant attempt to mitigate the normative force of the principles, with the unmistakable objective of curbing judicial activism. [ABSTRACT FROM AUTHOR]