A Prática Jurídica Sob a Ótica de Ronald Dworkin e a Interpretação do Direito à Saúde como Princípio da Ordem Jurídica Fundamental

Abstract

The right to health is a fundamental and social right enshrined in the Federal Constitution and it is closely connected to other values in it included. This right includes the means or resources to achieve them, as the medicines. However, it is not enough its expressed prediction in the legal text. It is necessary that the State, through public policies promoted by the Executive and in its absence or inadequacy, through judicial intervention. Thus, in legal practice, the best way to interpretate the law is what is known as integrity, finding the best answer to the real case. From this perspective the right to health has to be understood as a principle of law, searching through this form of interpretation that the ideals of justice, equity, and some other dimension of morality are effectively guaranteed.