THE JUDICIALIZATION OF THE RIGHT TO PUBLIC HEALTH

Abstract

This article aims to analyze the paradigm shift in Brazil regarding the possibility of judicialization of the right to health, particularly after the 1988 Federal Constitution. It seeks to understand the concept of the judicialization of health, the existing debate about the reservation of the possible and the minimum existential, the apparent conflict between individual and collective rights, the consequences of judicialization on the policies of the Unified Health System and the measures adopted in the face of the increasing demands involving public health. To this end, it presents concepts, exposes data, legal provisions, jurisprudence of the superior courts and the guidelines of the National Council of Justice. Regarding the methodology, a bibliographic and documentary research was carried out, by consulting doctrine, scientific articles, legislation and jurisprudence, which allowed us to conclude that the State has the duty to guarantee the right to health to all, individually and diffusely, however, the granting of this right via the judicial route must be carried out through a careful analysis of each concrete case and with the observance of certain limits, to ensure that the fundamental right to health is guaranteed to all and the Unified Health System remains intact.