Right to health in Brazil and Portugal: a critical analysis of Asensi’s work

Whereas the laws that regulate the Right to Health in Brazil and Portugal could be considered similar, the modus in which this relevant part of Social Security is exercised and claimed differs significantly in practice in the two countries. Discussing the Right to Health in Brazil and Portugal, Asensi (2013) analyzes both legislation and the ways of social claims comparatively, carrying out empirical and theoretical research that facilitates understanding the legal phenomenon. This article uses a descriptive methodology to analyze the work Right to Health. Claiming Social Practices and their Effectiveness. Despite an equivalent positive right, the problem of the judicialization of health, evident in Brazil, is almost non-existent in Portugal.