Controle judicial das políticas públicas de saúde no Brasil.

Abstract

The right to health should be effected to ensure the society the true Social Democratic rule of law, through the faithful implementation of the principles established in the Constitution. This research focuses on the analysis regarding judicial review of policies regarding the right to health, a topic of great importance in the current legal system, through the case study that has generated much discussion. The goal is to foster a qualified discussion about the promotion of public health policies, on the Separation of Powers and the role of the judiciary in the intervention compared to the other state powers. For this, use is made of the literature by examining the laws and court decisions related to the topic. At work also employs the method of deductive approach, treating this matter more generally, and subsequently the particularizing. In this sense, research is systematized in three chapters. Initially, it is a study about the emergence of public policies on the concept, the process of constitutionalization and its relation to the law. Subsequently, shows up approach is needed regarding the right to health, to be the central issue. Thus, we arrive at the meaning, constitutional regime and made effective by the SUS. The third chapter deals with the judicial review of health policies in view of the legitimacy of the judiciary, rereading the theory of separation of powers and reserve with possible ways to avoid this control. Finally, we present the warranty to the minimum existential and solutions proposed by CNJ to give concrete effects in relation to the demands that aim at ensuring the right to health. As a result we observe the possibility of judicial control performed for the implementation of health policies in order to ensure the existential minimum.