Judicial intervention in the guarantee of the efectivness of the right to health, specially when it comes to the supply of medicine
Keywords:
Fundamental Rights, Right to Health, Effectiveness, Pharmaceutical Care, Intervention, Judiciary, Limitations.Abstract
This paper discusses the issue under debate today about the possibility of the Judiciary to guarantee the accomplishment of the right to health, especially regarding the supply of medicine. For this analysis, it is necessary to address the fundamental rights set forth in the Constitution, more specifically the right to health as well as the principle of human dignity. Also, the problem of efficiency and effectiveness of health rights will be discussed, considering the following items: Reservation of the Possible, competence to implement public policies and Separation of Powers. Still, the health situation in Brazil, the Unified Health System, pharmaceutical care and the division of jurisdiction of federal entities will be referred. Finally, the discussion of judicial intervention, elucidating the Theories of Maximum Effectiveness, the Reservation of the Possible and the Minimum Existential will be analysed. Besides this, the consequences of this intervention and its limitations under the decision of the Federal Supreme Court (STA 175) will be considered.Downloads
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