O bloqueio de verbas públicas na tutela específica do direito à saúde.

Abstract

This study examines the use of public funds blocking in specific protection of the right to health as a way of ensuring the broadest possible realization of this fundamental right. It starts dealing with fundamental rights, with emphasis on the approach received by the Federal Constitution of 1988, considering the characterization of health in our constitutional order as a fundamental social right and the consequent obligation to do what that means for the public power. Then it shows the importance which the judicial protection features to ensure the realization of rights in case of nonvoluntary compliance on the part required and the need for adequate procedural techniques for fundamental rights. Considerations are presented about the specific protection required to do by analyzing their use in assuring the right to health, addressing this point the issue of controlling of public policy, the theory of reserve for the minimum and existential, and still showing the executives forms which can be used to ensure the realization of the right to health. And, finally, it is issued the possibility of blocking of public funds in case of default of court decisions, requiring the state to provide a positive health, demonstrating the uniqueness of the measure and no offense to the principle of separation of powers and restrictions and analyzing budget, even as the judiciary has been using this measure, with important decisions in the Courts of Justice of Rio Grande do Norte and Paraiba, the Superior Court of Justice and the Supreme Court.