SILVA, R. P. I.; http://lattes.cnpq.br/4259407262755082; SILVA, Rafaela Patricia Inocencio da.
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.