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This article objective is to show the evolution of the fundamental rights and their value in the contemporary society, mainly, the right to health, a fundamental and social right, regulated by the Constitution of 1988, however, before, it already had attention by the goverment and the society based on actions and policies aimed at public health, in addicion to the magnitude and relevance of human rights in the international context and redemocratization in Brazil were decisive for the construction and realization of the right to health on the national scenario. Thus, the present work was developed using the deductive method.

A CONSTRUÇÃO DO DIREITO À SAÚDE NO BRASIL: O PLANO DE FUNDO ANTECENTE À SUA POSITIVAÇÃO CONSTITUCIONAL