THE JUDICIALIZATION OF HEALTH IN THE PUBLIC SPHERE: THE (DES) COMPLIAN- CE OF THE PUBLIC POWER OF THE FUNDAMENTAL SOCIAL HEALTH RIGHT

Abstract

The present article deals with the judicialization of public health from the behavior of the Public Power in the (dis) fulfillment of the duty of attending fundamental precept about health. Its objective is to reflect on a matter of current relevance to society, identifying Public Policies in the realization of the right to health, through the reflection of the Unified Health System in the community and also how the judicialization is interfering in the realization of the social right to health. It still lists the inefficiency of the Public Power in relation to the implementation of the fundamental precept to health, calling into question the facticity of the dignity of the human person. It also discusses how the STF stands in the face of non-compliance with the Constitutional Rule in relation to the principle of equality and universality of rights. Finally, it analyzes the effectiveness of the right to health related to the existential minimum and the reserve of the possible. In this reflection, it is partially concluded that the judicialization of the right to health functions
as an instrument available to society, and that because it is a good, which is life, it depends on access to justice for them. Therefore, it cannot claim the State reserve as possible, even to the detriment of other citizens; it has the duty to fulfill equality and the supply of medicines, since it is what defines the Federal Constitution, when it drains the rights and duties. The constitutional achievements must be preserved, the judicialization of health is necessary as a result of the non-compliance by the Public Power with these Constitutional precepts and by its omission. However, in order for judicial decisions not to increase social inequalities, it is necessary to prove the urgency and limits of the requests as directed by the STF, to prove the lack of financial resources of those who postulate the right to health. In this case, it is necessary to take into account the universality of people, as there may be other people with the same needs that the State must help. For the research, the hypothetical deductive methodology was used, through bibliographical and scientific research in books, articles, jurisprudence and Laws, so that one could answer the research problematic.