The Role of the Judicial Branch in the Effectiveness of Health Public Policies in the State of Espírito Santo: (NON) Existence of Dialogue Between the Parties

• Autor(a) principal: Junquilho, Tainá Aguiar
• Data de Publicação: 2015
• Outros Autores: Mondoni, Marceli Stelzer
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Sociais e Políticas Públicas
• Texto Completo: http://www.indexlaw.org/index.php/revistadspp/article/view/433
• topic: Right to health; Judicialization of health; Free grant of medication by the public authority; Dialogue between the parties; Direito à saúde; Judicialização da saúde; Concessão de medicamentos gratuitos pelo poder público; Diálogo entre as partes

The fundamental right to health, especially from the 1988 Constitution on, is inserted in the list of social rights that have been going through the process of judicialization. In this context, the present study had as its goal to analyze the (non)existence of dialogue between the parties involved in the judicialization of health in the state of Espirito Santo. The research was made by the evaluation of the mechanisms currently available to the fulfillment of health public policies set by the constitution. After that, the participation of the Center of Technical Support with the judges in the State of Espirito Santo was also evaluated. A case analysis was  also  conducted  on  the  entered  decision  on  the  Court Injunction  nº  0025675-15.2013.8.08.0000 (100130043811), looking to evaluate how the process of granting the medication took place. Lastly, some instruments that could effectively help in the concretion of the fundamental right to health were suggested. Through these analysis, it was perceived that with the lack of Technical Support and especially in sight of the disability of communication between the Public and the Judicial Branches, many times premature and onerous judgments are made to one of the parties. However, the mechanisms on the New Code of Civil Procedures and the Center of Technical Support for Judges are important instruments that seek to promote cooperation between social actors and that must be used to materialize the fundamental dialogue between the parties.