A efetivação do direito à saúde pelo poder judiciário: a questão do fornecimento de medicamentos

Abstract

The Constitution is the most important document for the establishment of rights and guarantees, as well as for determining the paths that must be followed by the powers in conducting the State. However, it is from Constitutionalism that the effectiveness of the Constitutional Text is highlighted. In Brazil, major changes occurred since the Federal Constitution of 1988. This research sought to demonstrate the search for the effectiveness of constitutional provisions from 1988, especially in relation to social sphere rights. In view of this panorama, resulting from the constitutional provision of the social fundamental right to health, whose provision is universal, transformations of impact on society took place, such as the search for the Judiciary to enforce the right. Judicialization, however, has consequences, and it cannot be the path unrestrictedly under penalty of injuring the Democratic Rule of Law. It is concluded, therefore, that new paths must be adopted for the effectiveness of the Constitutional Text. The work falls within the concentration area of the Master's Program: Justice, Business and Sustainability, with emphasis on the line of research Justice and the Efficiency Paradigm.