Abstract

PELEGRINO, Mirian  and  VAL, Eduardo Manuel. JUDICIAL REVIEW OF HEALTH, A MATTER OF (“IN”) JUSTICE - THE BRAZILIAN EXPERIENCE. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.133-150.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.05.

This text analyzes the judicial review of health policies phenomenon, which aims at supporting fundamental rights in light of the shortage of resources and the conflict in view of the isonomy and universality principle. The primary judicial role for individual protection - when dealing with public health conflicts based on private health tenets - occasionally causes injustice and disrupts the universal access to health resulting in unenforceable court orders. In an attempt to correct this and impose access to health in a reasonable and equitable manner, the Judicial Power has been trying to assist judges and provide the resources for decision making based on technical advice. Thus, the Rio de Janeiro State Court of Justice - in a pioneering partnership with the State Health Office - has created the Technical Advisory Center (Núcleo de Assessoria Técnica, NAT), an agency inserted within the Court of Justice focused on providing magistrates with the resources needed to meet their health case demands. The judicial review of health policies phenomenon is not exclusive to Brazil. Other Latin American countries are also perplexed witnesses of this social fact. It is a challenge to restructure such a health format, with special emphasis on the necessary involvement of the republican powers and society through institutional dialogue and public debate. In this sense, NAT’s technical advice has proven to be an essential asset in preventing a citizen to fight against another.

Keywords : Judicial review of health; Shortage of resources; Court orders..

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