Sistema Único de Saúde: a judicialização como meio para efetividade do direito á saúde.

Abstract

Health is a good that affects the very livelihood of the people, without which one can not speak of human being, therefore, anyone who suffers can not satisfy any need, since that meets their biological components and physical without adequately respond to the pressing survival needs.With the CRFB/88 access to health has been enshrined as a universal right, public, free and full to every Brazilian citizen. There has been a number of advances in the right to health in Brazil, but due to the exponential increase in demand and financial resource, there was also been setbacks, especially demonstrated by the high number of lawsuits in which the user claims a right to have it is guaranteed by CRFB / 88, but that was denied. That way, it comes what is called the legalization of the right to health that is, the possibility of the judiciary intervention in public Executive policies determining in some cases, the user needs to survive. Before the study Will have as a general objective to analyze the evolution of access to public health in Brazil , pointing out the advances and setbacks , seeking evidence judicialization as altenative means for the realization of the right to health. Specifically, it will seek to understand what the State's actions to promote access to health law in certain moments of history; to list relevant points of SUS legislation; mention the importance of the principles for building an efficient and effective health; some considerations about the National Health System in Brazil; pointing out the challenges and setbacks ; and addresses the legalization as an alternative to guarantee the right to health, making it effective. Therefore, the monographic work focuses on a thematic extremely relevant today, because the right to health suffered an important historical development in the consolidation of human rights, however, due to the difficulties in the execution of public health policies, insufficient investment of services, lack of medicines, finally, the challenges of the SUS and seen setbacks, judicialization proved as an alternative to effectiveness of a repressed right.