Direito fundamental à saúde: a intervenção do poder judiciário para promoção dos direitos sociais e respaldo à democracia

Abstract

Considering the need for effectiveness of social rights, predicted in the Federal Constitution of 1988 and the growing intervention of the Judiciary on issues which should be contemplated by laws and public policy, the present study aims to analyze the necessity and legitimacy of the transfer of relevant issues related to social rights, in particular demands that objective on the right to health, for the appreciation of the Judiciary, aiming at the guarantee of the exercise of this right. To achieve the objective, it will be analyzed concepts related to the fundamental right to health, to the separation of powers, social justice and citizenship. In addition, will be due consideration about the potentiality that the invention of the Judiciary has to promote democratic order when it makes decisions that allow access to the right to health.