A efetividade do direito à saúde no Brasil e o supremo tribunal federal

Abstract

This study using bibliographical research of books, articles and case law research, deals with the evolution of the Right to Health in Brazil. Addressing its peculiarities and main aspects from the first signals consecration of law in the country, its development from the 1988 Constitution of the Federative Republic of Brazil, arriving at the State actual data providence model, almost entirely, by the Unified Health System. However, the latter often fail to achieve the overall effectiveness of the provision of the right to health, even though that is a right safeguarded constitutionally and having competence at all levels of the organization of the Public Administration for his performance, that is, solidarity of Union, states, municipalities and the Federal District. Under a critical analysis there is the use of Judicial Activism and Judicialization to in situations of need, the patient obtain from coercion by the Judiciary Power, the provision of the right to health in a different way, by the peculiarity of their case, either the high amount involved or the complexity of it. It is also observed some tool obstacles used, such the principle of the Possible Reserve, the Separation of Powers and the administrative nature of problems. From this, there has been the position taken by the Supreme Federal Court in demands appreciated and recognized as Rebound General, with regard to health, and what principles and reasons used that converged to the understanding of that case. Thus, it analyzes the future of the method used, because of their complexity, to a rationalization of that sometimes improves the conditions of users and saves their lives and sometimes becomes a problem not only for the administrative machine, but for other citizens not users of this way.