Ativismo judicial e judicialização da saúde teoria da reserva do possível

• Autor(a) principal: Moura, Josilene Boelho
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1015
• topic: Judicialização da Saúde; Ativismo Judicial; Julgados do STF; Orçamento Público; 6.01.00.00-1 Direito

Introduction: This scientific article deals with the activist role of the judiciary in relation to the judicialization of health, which by means of judgments has been interfering with the autonomy of the executive power with regard to public administration, budgeting and the allocation of resources from the Single System Health - SUS, removing the autonomy of the executive power. Objective: to analyze the phenomenon of judicial activism and the legitimacy, limits and possibilities of the judiciary in the search for the realization of the right to health in the light of the theory of the Reserve of the possible. Methodology: this is a bibliographic review, of a qualitative character, of academic-scientific literature that includes the classical positivist doctrine, laws and similar jurisprudence, available in the databases of BDTD (Brazilian Digital Library of Theses and Dissertations) JSTOR (Journal Storage); Plataforma Sucupira, SciELO (Scientific Electronic Library Online); CONPEDI; LexML Brasil; GlobaLex; CAPES Thesis Bank and research of decisions and judgments on the TJDFT portal. Results: In the period from 2009 to 2019, 7,726 judgments were recorded; 250 appellate class judgments; 11 judgments on Incidents of repetitive demands - IRDR; 1,343 monocratic decisions and 181 decisions by TJDFT Presidents, totaling 9,511 processes dealing with the matter of compulsory supply of medicines; of these, 2,987 preliminary orders, of which only 25% were granted. Conclusion: It is concluded that in the current situation, even in the face of the inertia of the executive power, it is not up to the judge to fill the space of the legislator and the public administrator as a spokesman for popular desires for changes and combating the despoiling of other powers, as if creating a movement of judicial citizenship that puts the population against other powers in the face of their difficulties in managing and satisfying the needs of the community, and within its function it is necessary to consider the principles of reasonableness, proportionality in the light of the theory of as long as possible, the responsible deferral of compulsory health care provision.