Health as an enforceable positive right: the Brazilian Supreme Federal Court’s case law on the access to medicines

Abstract

This paper aims to present and discuss how the right to health has been considered a fundamental right and duty in the Brazilian constitutional order, in particular as a positive enforceable entitlement. The main purpose is to analyze - in light of the example of medicines - the role of the Brazilian Supreme Federal Court regarding the effectiveness of the right to health, and to present a discussion about proper criteria to justify judicial decisions in this domain.