THE JUDICIALIZATION OF THE RIGHT TO HEALTH: THE FEDERAL SUPREME COURT TAKING THE FLOOR

• Autor(a) principal: Eustáquio de Melo Júnior, José
• Data de Publicação: 2022
• Outros Autores: Fernandes Barbosa de Castro, Jean, Cardoso Cançado, Airton, Aparecida da Rocha Silva, Mônica
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/270098.14.23-1

The article aims to analyze the phenomenon of judicialization of the right to health from the perspective of the decisions rendered by Brazilian courts, especially the Federal Supreme Court (STF), in light of the 1988 Federal Constitution (FC) and the rules governing the Unified Health System (SUS). It aims to analyze the effective access of citizens to the fundamental right to health based on the judicial decisions handed down by Brazilian magistrates in the face of the inertia and ineffectiveness of the state entities responsible for implementing public health policy, without disregarding the division of administrative powers described in the Federal Constitution and in infra-constitutional norms. It also intends to provide an analysis of the phenomenon of judicialization of the right to health and the decisions handed down by the Supreme Court to conclude that these are not obstacles to the effectiveness of public health policy in Brazil. The research was built based on the finding of the need for clarification of the phenomenon (qualitative method). As for the methodology, the study was developed by means of bibliographic and documental research, so that, during the course of this work, case studies related to the decisions handed down by the Supreme Federal Court were carried out based on the specialized literature review. Using the deductive method, it is possible to understand how the effective action of the Judiciary has provided citizens with access to health care, without hindering the implementation of other public policies by the state entities or violating the division of competencies described in the Federal Constitution.