A dimensão objetiva do direito fundamental à saúde e a possibilidade de uma tutela diferenciada nas demandas individuais

Abstract

The fundamental right to health and its judicialization has been of great importance in academic and practical debates, mainly due to the growing discussion on the impact and control by the Judiciary of the limits of public policy. In this sense, the civil procedure must adapt to the new reality, always aligned with the constitutional guidelines, to ensure effective protection of the rights and to bring legal certainty for those involved. These arise some questions on the current model used for right of health protection and which institutes established in procedural legislation can contribute to the resolution of demands. Therefore, this study proposes a detailed analysis of protection of the right to health and the possibility of applying institutions already established - or in the process of implementation - to achieve its adequate protection.