JUDICIALIZAÇÃO DA SAÚDE NO BRASIL: análise do direito à saúde frente aos princípios do mínimo existencial e da reserva do possível

Abstract

This paper deals with the judicialization of health in Brazil. For this purpose, it first brings a brief history of Social Security, bringing later the concept of it, its form of financing and its constitutional principles. Public health is dealt with in the second chapter, so as to bring to the attention of the reader historical accounts, the right to health foreseen in Brazilian constitutions and the emergence of the Unified Health System. Some aspects of supplementary health and private health plans are also treated. The SUS guidelines are discussed in the later chapter. The right to health is the common competence of the federated entities, subject matter discussed in the third chapter. Finally, the research brings the concept of the existential minimum, right conferred to all, and reports on the dignity of the human person. It is also discussed in the monograph on the intervention of the Judiciary in public administration, in order to guarantee the right to life and, consequently, health.