Abstract

NETTO, José Laurindo de Souza; FOGACA, Anderson Ricardo  and  GARCEL, Adriane. EXTRAJUDICIAL MECHANISMS OF THE RIGHT TO HEALTH FROM THE COASE THEOREM PERSPECTIVE. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.381-398.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.18.

This essay aims to examine, briefly, the theoretical reasons that support the right to health as a right to benefit and opposed to the State, a situation in which the related syndicability (individually considered) is identified as a factor of relevant impact on the sustainability of the system protective as a whole. It is assumed that, in the judicialization of health, when granting an individual demand, the costs are distributed throughout the society. Then, this phenomenon is analyzed through the lens of Coase Theorem, demonstrating the necessity to analyze the social costs of the judicialization of health. In the end, alternative solutions out of court that do not require resources from the public budget destined to the right to health are ventilated, which present an excellent cost-benefit ratio.

Keywords : Fundamental and social right to health; Investments in public health; Law and Economics; Coase Theorem; Sector Promotion; Productive Development Partnerships; Compulsory Licensing..

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )