THE RIGHT TO HEALTH, PROVIDED FOR IN ARTICLES 6, 196 and subsequent articles of the Federal Constitution 1 , is part of the fundamental social rights 2 . Consequently, it finds its origin in contemporary constitutionalism and is considered to be a primordial human right 3 . Safeguarding human rights, in turn, is a fundamental condition for the exercise of other social rights 4 , and its implementation reveals difficulties for the consolidation of new forms of political power sharing and direction of political decisions to the public interest resulting in the strengthening of the democratic values of popular sovereignty and the respect for fundamental rights, as is the right to health 5 .We live the great impasse that human rights currently go through as a language capable of articulating struggles for dignity is, to a large extent, a mirror of epistemological and political exhaustion that haunts the Global North 6(9) .Thus, one comes to a narrow understanding that human rights have simply become a minimum common denominator of rights, which very little faces its true essence of the great struggle against oppression and injustices that affect humanity at a global level, oppression and injustices created by capitalism, colonialism and patriarchy.There is no reason to disagree that the language of human rights has become global hegemonic. However, the great challenge is to know if this language can be used in a counter-hegemonic way, enabling the great struggles against oppression and injustices to be, actually, effective; and that human pain, which is a natural part of vulnerable populations, can be eradicated, creating a world in which values such as justice, dignity and equity prevail.Imagining human rights as a counter-hegemonic language implies to understand why so much unjust suffering and so many violations of human dignity are not recognized as violations of human rights 6(14) .Expressions of hatred against identity and sexual orientation take on unimaginable proportions, reaching the absurdity of composing, in some countries, public policies. Racism, the main