JUDICIALIZATION PUBLIC POLICY IN THE AREA OF HEALTH

The work develops a conceptual and historical fundamental rights, the rights to analyze the dimensions observed in the Brazilian legal order, with special focus on the treatment of the fundamental rights of second dimension, particularly in judging legal fundamentals regulators the right to access to health, especially the constitutional provisions on the subject. Discusses the principles of existential minimum reserve as possible to highlight understandings on the matter uttered patriotic courts, as well as provides some considerations for working elements for the solution of possible conflicts between them, to prioritize the need for consideration prevalence of the principle of the reserve as possible. Emphasizing the problem of the prosecution of public policies related to health, to establish a fundamentals for questioning their excessive use.