THE JUDICIALIZATION OF PUBLIC HEALTH IN BRAZILIAN LAW

Abstract

The Constitution of the Federative Republic of Brazil of 1988 establishes the normative agenda to direct the exercise of political power by the Legislative, Executive and Judiciary in order to implement the precepts correlated to fundamental rights, especially the right to health. Therefore, with regard to the right to health, there is an obligation to provide care as a fundamental and social right, imposing compliance with the Powers of the Republic in order to justify, thus, control by the Judiciary with the viability of judicialization to guarantee it. This understanding is protected by doctrine, as well as by national jurisprudence, especially by the Federal Supreme Court and the Superior Court of Justice.