A judicialização da saúde no Brasil: a legitimidade da intervenção do poder judiciário brasileiro nas políticas públicas de saúde

Abstract

This final paper approaches the problem of the judicialization of health in Brazil, as a consequence of the ineffectiveness of the government to promote efficient public health policies, which would be able to ensure the existential minimum to promote a decent life to human beings. This essay was limited to analyze two constitucional aspects of the matter: (a) wheather there is or not a judiciary power’s legitimation for interfering with the sphere of competence of the executive power, in the persuit of an effective promotion of this constitutionally regarded fundamental right; and (b) the analysis of the circumstances in the light of the principles of reserve for contingencies and of existential minimum. This paper is legally based on the Brazilian constitutional law, with emphasis on the fundamental rights to life, health and human dignity. Articles related to the issue, as well as extensive fieldwork of interviews with the main actors involved in the outcome of the judicial proceedings, were also used to support the elaboration of this final paper.