Judicialização da saúde: em busca da efetivação do mínimo existencial

Abstract

The search for the realization of the existential minimum has always existed since the dawn of humanity, and the social and technological advances thereby made with the evolution of society, were not able to alleviate poverty and bring high levels of health for the population as a whole. The health in many developing countries, like Brazil, is not included in government priorities, neither as investment for improving public health nor in research funding. The legislative branch and the executive branch are slothful compared to the prominent role that has played the judiciary in implementing the social right to health. This action is nothing more than the pursuit of the population for the realization of the right, in individual or collective manner, provided by increasing access to justice. Nevertheless be of great importance to ensuring the right to health by the judiciary, there has also been a lot of problems for the Judiciary the fact of being acting solely, when it should act jointly with the other powers. Only with the institutional dialogue between the Legislative, Executive and Judiciary, one can say of an adequate implementation of the right to the minimum existential health.