A judicialização do acesso à saúde no Brasil: uma análise do papel do Poder Judiciário na efetivação do direito fundamental à saúde

Abstract

The scope of this study is to analyze the judicialization of public health in Brazil, verifying the role of the Judiciary in the implementation of the fundamental right to health. The research proposed to examine the guidelines of the Unified Health System and the evolution of the right to health in the national legal system, aiming to identify the causes that affect the emergence of the characteristics of judicialization, in the face of inefficiency or state mission. To this end, we used the methodology of bibliographic research, starting from the analysis of works already prepared on the subject, and documentary research, with the study of relevant legislation on the subject and delivered to the Supreme Federal Court in decisions handed down on disputes that deal with public health. There was a growing judicial action in safeguarding this right, filling legal, administrative and budgetary gaps. Furthermore, given the excessive number of cases, judicialization has proven to be urgent and complex for the health system, the Judiciary and the population, highlighting the need to seek solutions that promote balance between the implementation of the fundamental right to health and responsibility in the management of public resources.