Judicialização da saúde pública brasileira: evidências retratadas na jurisprudência do Supremo Tribunal Federal

Abstract

This research has the goal to analyze the impact of the judicialization of Brazilian public health about the discretionary public politics. To achieve its goal, it was analyzed how the right of health is established in the Federal Constitution of 1988. Since the decade of 1990, the judicialization of health tries to guarantee this access, even though there is a lot of administrative inefficiency and omission and many challenges, like the unbalance in the allocation of resources and the elitization of access. This work, using mostly literature reviews, contributes presenting new perspectives, starting with the analysis of materials already elaborated, specially articles and jurisprudences of the Federal Court of Justice about public health. The Judiciary Force plays an important role ensuring this right, fulfilling legal, administrative and budget gaps. Relevant decisions of the Federal Court of Justice have been reinforcing the idea that the state owned inertness is against the Constitution, highlighting the importance of the implementation of the social laws to the maintenance of the constitutional integrity. However, this intervention can fragment the health system and result in an unequal distribution of resources. Therefore, it is crucial to find sustainable solutions, aiming to reduce the necessity of judicialization and ensure not only the health laws, but also the viability of the health system and the public system as a whole.