A judicialização do direito à saúde

Abstract

With the process of redemocratization in Brazil, which took place after the promulgation of the 1988 Constitution, to the present day, lawsuits have been intensified concerning the implementation of the right to health, in the face of the state omission, a phenomenon known as judicialization, have intensified. Given this, the judiciary began to intervene in the benefit policies, which raised questions about the possible extension of the powers of this power, in view of principles such as equality and the principle of reserving the possible in contraposition to the theory of existential minimum and provisions of the Single Health System -SHS. This time, the theme presented here is endowed with social relevance, since it deals with the realization of a fundamental direct.