A judicialização do direito à saúde como um instrumento de efetivação de uma garantia fundamental

Abstract

The research aims to explore and deepen the debate and understanding about the relevance of judicial intervention as a true and effective instrument in ensuring and enforcing the right to health, notably identified as a fundamental social right. In the brazilian contexto, amid the wellknown obstacles that hinder the full applicability and effectiveness of the right to health, the role of the Judiciary Branch emerges as an indispensable resource in the promotion, protection and realization of this fundamental guarantee. Throughout this research, therefore, all the challenges that interfere with the enforcement of the right to health will be adressed, leading to inefficiencies in the Unified Health System, while also highlighting the main criticisms of the recurring practice of judicialization of the right to health. Finally, relevant criteria that can and should be used in the contexto of a judicial process seeking to resolve conflicts regarding the fundamental right to health will be discussed, aiming at safeguarding both individual and collective rights.