O contraponto entre o princípio mínimo existencial e o princípio da reserva do possível na construção de políticas públicas na Administração Pública Brasileira

Abstract

Fundamental rights emerged with the purpose of controlling and limiting abuses of State power, as well as guaranteeing Brazilian citizens a dignified life. However, some rights are in continuous evolution and major transformations, that is, they are modified according to the development of society. The Federal Constitution of 1988 highlights the fundamental rights in the list of stony clauses, being prohibited that such rights are suppressed from the constitutional text. However, one of the main problems regarding fundamental rights refers to their effectiveness and implementation. This study aims to analyze the counterpoint between the existential minimum and the principle of reserving the possible in the construction of public policies in Brazil, with emphasis on health. Through a bibliographic review, it can be concluded that these principles should act to contribute to the guarantee of fundamental rights, especially with regard to the right to health.