The Fundamental Right to Oral Health and Its Judicialization in The Brazilian State

Objective: The objective of this study is to investigate the protection of the right to oral health as a fundamental human right, analyzing the legal demands on the subject, with the aim of understanding how the protection of oral health has occurred by the Brazilian Judiciary, as well as the parameters established by the courts. Theoretical Framework: The right to health, as a human right, was recognized for the first time in the 1948 Universal Declaration of Human Rights. It should be noted that human rights are indispensable for the debate regarding the guarantee of the right to qualified and safe oral health, with a direct relationship between general health, oral health and human dignity. Furthermore, the National Oral Health Policy of the Brazilian State, materialized in Law No. 14,572/2023, attributes to the Unified Health System (SUS) the competence to define the guidelines and standards for the physical and organizational structure of oral health services, serving as panel to reflect on its importance, which goes beyond the aesthetics of the smile, permeating essential aspects of the physical, mental and social health of human beings. Method: The methodology applied was the deductive method; As for the means of research, bibliographical methods were used, using doctrine, legislation and jurisprudence on the subject; Regarding the purposes, the research is understood as qualitative. Results and discussion: The results obtained revealed that, although oral health is a right constitutionally affirmed by the Brazilian State, given the implicit recognition as a social right in article 6 of the Magna Carta, the judicial route still stands out as an important instrument for its implementation. The need to implement greater protection, in practice, for oral health is evident, since, despite legislative developments to achieve this fundamental human right, there is a lack of concrete actions by the Executive Branch. Research Implications: The results of this work are of great relevance for the health of the Brazilian population, and the need to implement greater protection for oral health remains evident, since, despite legislative developments in Brazil and the world to expand the scope of this human right fundamental, there is a lack of concrete actions by the Executive Branch to implement social and economic policies guaranteed in art. 196 of the Federal Constitution. Originality/Value: This study contributes to the literature by demonstrating that the Judiciary, in the 21st century, continues to be constantly used as an alternative to implement the right to oral health, which demonstrates that this right still remains on the margins of general health and society. In this way, the jurisprudential survey carried out is of great relevance in the knowledge acquired that can contribute to the promotion of public policies aimed at oral health.