A JUDICIALIZAÇÃO DA SAÚDE NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

Judicialization came after the publication of the 1988 Constitution as a mark of democracy that made possible the awareness and politicization of society because of the democratic awakening and stir between federal powers and the power of the Union. With the gradual legalization of national health, judicial decisions have directly influenced the decisions and resolutions that were previously exclusive to the executive and legislative branches. Given this context has as research problem the following question: which overlaps the legalization of health? the general objective of this research is to investigate the lawsuits filed in the courts to get the right medicine prescribed in health care, marking the highest performance of the STF (Supreme Court) on health. Since a constitution is established in the country, one has to ensure its internal coherence, since changes and insertions to occur in the constitutions cannot contradict the Constitution.