A Desigualdade na Distribuição do Acesso à Saúde no Brasil: A Inaplicabilidade da Teoria da Reserva do Possível no Direito à Saúde e Sua Atribuição como Mínimo Existencial.

The Right to Health is a fundamental part of the right to life and a duty of the State in the face of the Federal Constitution, however, the theory of reserve of the possible has been invoked to support the scarcity of resources in the health area under the allegation of an affront to the principle of separation of powers, the division of powers and budget transfers. This article will reflect on the invocation of this theory and its relationship with the minimum constitutional investment and the need for the intervention of the Judiciary for the realization of fundamental rights in the face of interference by the Public Administration. For the formalization of this study, the hypothetical-deductive and the hermeneutic method were used through the jurisprudential research of the Federal Supreme Court and the bibliographic review. [ABSTRACT FROM AUTHOR]