Tutela judicial do direito à saúde

Abstract

The dissertation deals with the judicial protection of the right to health, focusing on the state duty to perform actions and provide services for its promotion, protection and recovery. The eleven chapters, besides the introduction, can be classified into three groups according to their goals: propaedeutics, descriptives and propositionals. Initially, the essay builds a definition of the right to health and reveals its multiple dimensions, to opt for the investigation of the individual and subjective dimension, integrated by contents fundamentals and non-fundamentals. Then, the essay notes that the protection of the right to health is a holistic activity involving different knowledge systems, especially the judiciary, social medicine and public management. As a corollary, it initiates the descriptive part, exposing the position of each of these knowledge systems about the judicialization of health. From this analysis, inspired by the idea of cooperation between all actors of the health protection, the paper proposes five parameters for judicial action: respect to other knowledge systems; health s minimum existential; lack of resources to pay for treatment; subsidiary liability of States and Union; and potential for universalization. In conclusion, the dissertation provides a guide for implementing these parameters, always based on the idea of a cooperative judicialization.