SUBJECTIVITY AND JUSTICIABILITY OF RIGHTS ORIGINATING TO BENEFITS

The purpose of this work is to discuss the functions and classifications of fundamental rights, in order to demonstrate their intrinsic relation with the efficacy and effectivity of fundamental social rights, as well as to discuss subjectivation and justiciability of these rights (in their emphasis on the right to health) regarding issues related to the budget reserve, the reserve of the possible and the minimum existential, which directly affects the principle of separation of powers.