SAMPAIO, E. P. B.; http://lattes.cnpq.br/6865050427388220; SAMPAIO, Edvânia Patrícia Barreto.
Resumen:
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.