SHINDLER, L. O.; SHINDLER, Leonardo Oliveira.
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.
