Português

DESAFIOS E PERSPECTIVAS DO DIÁLOGO INTERINSTITUCIONAL

Abstract

This article critically analyzes the dialogue between the Supreme Federal Court (STF) and the National Congress in the context of the judicialization of health care in Brazil, with a focus on the constitutional clause of the reserva do possível (reservation of the possible), which limits state action in the realization of social rights amid resource scarcity. Recognizing the importance of policies that ensure universal access to health care, the study discusses the regulatory and oversight challenges of this right, which impact public management and the stability of the legal framework.In this context, the article aims to understand and examine the mechanisms of interaction and their repercussions on the guarantee of universal access to health care in Brazil. Specifically, it examines the jurisprudential interpretation of the reserve of the possible in health cases in the Brazilian legal system, analyzing how this legal reasoning conditions access and the challenges faced by the Judiciary in reconciling the right to health with budgetary and administrative limitations.The research adopts a logical-deductive method, conducting a descriptive-interpretative analysis and a literature review of doctrinal and scientific documents written in Portuguese and Spanish, as well as normative instruments. It also includes a qualitative analysis of STF decisions regarding the application of the reserva do possível in health matters.The central hypothesis is that effective inter-institutional dialogue between the STF and the National Congress concerning the reserva do possível remains gradual, revealing urgent challenges that compromise legal certainty and the realization of constitutionally guaranteed social rights.