A judicialização das políticas públicas de saúde: obtenção de medicamentos por via judicial

Abstract

This work is dedicated to fostering analysis and reflection on the intriguing problem of the possibility and necessity of the Judiciary intervene in full health guarantees. The right to health, the right to set up here pharmaceutical care is provided in Brazilian law as a fundamental right in this way deserves due attention. The study was performed using the deductive method, by means of literature. And above is an approach to historical affirmation of human rights internationally, and fundamental rights under the Constitution, but specifically the right to life and the principle of human dignity; also analyzes the creation and consolidation of the Unified Health System, its functions, powers and the supply of drugs as well as those involved in the complex phenomenon of Health Judicialization in the provision of pharmaceutical services. This phenomenon has been understood as a provocation and the role of the judiciary in determining compliance with and enforcement of that provision. The following arose: separation of powers, existential minimum and reserve for contingencies; and will be analyzed criteria for when the judge compel the State to provide certain drug to the individual; and must do so with caution in order not to harm the Constitution and the constitutional legislation.