O direito fundamental e coletivo à saúde no contexto da judicialização

Abstract

Objective: to analyze the judicialization of the fundamental and collective right to health, with a focus on the causes and problems caused by excessive judicial demands. Method: brief bibliographical review and method of deductive analysis, based on the interaction between the phenomena of judicialization and the conception of health as a fundamental and collective right. Results: this study observed an obstruction of collective access to health for the execution of individual lawsuits. Conclusion: the judicialization of health generates numerous problems to the Public Authority and harms the equality and equal access to the right in question.