The Rio Grande do Sul jurisprudence Court of Justice about the right to health

• Autor(a) principal: Bortoloti, José Carlos Kraemer
• Data de Publicação: 2018
• Outros Autores: Machado, Guilherme Pavan
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/4028
• topic: Fundamental Health Law; Judiciary; Jurisprudence; Medicines.; Direito Fundamental à Saúde; Judicialização; Jurisprudência; Medicamentos.

This paper aims to outline the understanding of the fundamental right to health in the jurisprudence of the Court of Justice of the State of Rio Grande do Sul. It is known that the right to health has constitutional and infraconstitutional provision, assigning responsibility to the State for its realization through public policies and government programs. However, the state administrative route encounters difficulties in the effectiveness of this right to all individuals, not satisfying the population. In this scenario, the subsidiary alternative becomes the judicialization of the claim, that is, the citizen, aiming to protect his claim to health seeking it in the jurisdictional provision. The increasing judicialization calls attention to the step that denounces the ineffectiveness of public policies, as well as impacts on the Court’s understanding regarding the judicial claim sought. Undoubtedly, the fundamental right to health is the subject of a considerable contingent of judicialization, much because of the deficient service by the institutions of the country. Through the qualitative technical research of bibliographical review and the study of judgments in the TJRS, using the phenomenological-hermeneutical method, it will be sought to delineate the understanding of the said court, in the degree of appeal, concerning the supply of medicines by the State, as way of understanding the variants that guide the (non) deference of the judicial claim of the individual and how the right to health presents itself in this jurisprudential scenario.