JUDICIALIZATION OF HEALTH: THE BRAZILIAN CASE AND A BIOETHICAL REVIEW

Abstract

The Judiciary has been used by Brazilian society to seek for the concretion of rights to health through bringing actions in order to force the State to grant drugs, surgeries and other services, creating the concept of Health judicialization, which is an expression derived from the concept of judicialization of Politics, gaining significance in the Brazilian territory. Unfortunately, as will be seen in the next sections, the legalization of Health has taken negative proportions focusing critics on the intervention of the Judiciary in Health and Politics. Nonetheless, the excessive and disorderly legalization of Health do not have their reasons only in poor performance of the Judiciary, but find their genesis in the governmental inefficiency, corruption and market influences. Thereby, the aim of this article is to instigate that the issue of legalization of Health in the Brazilian case is complex, not being enough the occasional interventions in the Judiciary, but a set/group of actions to measure the real dilemmas/quandaries and argue/fight/work towards effective actions to solve it through the balanced performance of all actors, governmental and social involved.