Right to Health and Judicial Effectiveness: An Approach Based on Robert Alexy’s Theory

Abstract

This article aims to analyze the judicial enforcement of the right to health in light of the theory of fundamental rights developed by Robert Alexy. The research follows a deductive, qualitative approach, based on a literature review and doctrinal analysis. The study's findings indicate that, within this framework, the right to health does not have a uniform normative classification. It fluctuates between a binding norm with a definitive subjective right—when linked to the existential minimum—and a prima facie norm—when it depends on the formulation of public policies. It is concluded that judicial action must be based on proportionality, without compromising the rational and equitable management of the healthcare system.