Intergenerational sustainability of the right to health in theme 1.234 of the Brazilian Supreme Federal Court

Abstract

Given that health is a fundamental right and considering the need to ensure its protection for future generations, this study aims to examine the sustainability of the right to health as a principle of intergenerational justice, based on an analysis of the elements that safeguard the intertemporality of this right, as identified in the judgment of Extraordinary Appeal No. 1.366.243 by the Brazilian Supreme Federal Court, which stands out as one of the most important precedents on the subject since STA 175. In this context, the central research question is: what are the elements identified in the judgment of Extraordinary Appeal No. 1.366.243 by the Supreme Federal Court that seek to guarantee the intertemporality of the right to health? To this end, the study adopts a deductive method and uses bibliographic and jurisprudential research techniques. It begins by addressing the sustainability of the right to health as a principle of intergenerational justice. Next, it analyzes the elements that ensure the intertemporality of this right, as found in the aforementioned judgment. This study emphasizes its relevance by seeking to consolidate an approach that incorporates the intertemporality of fundamental rights, associating it with the principles of sustainability, the protection of the right to health, and the preservation of the public health system, with a focus on both present and future generations.