A efetividade do direito á saúde: a problemática das omissões da Administração pública Brasileira contemporânea.

Abstract

Health is a right of all and a duty of the state, guaranteed through social and economic policies, but its execution is facing difficulties and obstacles. This paper presents a study of the arguments and reasons that serve as hindrance for non-fulfillment. The theme is relevant and very important in a constitutional state, as objectively analyze the control of health policies, the impact on the realization of the right to health and, particularly, establish guiding beacons for the intervention of the judiciary in the solution of litigations involving the right to health. In the first chapter, we analyze the evolution of generations of law, fundamentality of social rights and solidarity among federal agencies in protecting the right to health. In the second chapter, an analysis of the challenges for ensuring the social right to health appears to be necessary to be essential question in doctrinal and jurisprudential clash. So essential analyzed the interpretation of immediate applicability of social rights, the possible reserve clause and the reasons for the expansion of constitutional jurisdiction and the need for a strong and active jurisdiction in the democratic rule of law. In the third chapter, we look back on the concept of public policy and present guiding beacons for the judiciary intervention in litigations involving the supply of medicines, treatments and concession of public policies. Finally, we present the analysis of specific case-control policies by the judiciary. The case law is extensive to admit the judicial control of public policies, especially when the Public Administration is inert to ensure the minimum rights essences to a dignified life.