Abstract

LEAO, Simone Letícia Severo e Sousa Dabés. THE JUDICIALIZATION OF HEALTH IN BRAZIL’S LEGAL ORDER IN THE CONTEXT OF THE COVID-19 PANDEMIC. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.89-106.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.03.

Health belongs to one of the most fundamental rights that one has, being elementary and necessary for one’s own life and dignity. The Federal Constitution of 1988 defines health as a right for everyone, which represents the reason why all people should benefit from Brazil’s national health system (SUS). As long as the current context of the COVID-19 pandemic is concerned, it is certainly clear that efforts to save lives all over the world have been made. Because of the precariousness of the public health system, combined with the insufficiency of providing free medication, medical treatment, surgical procedures, patient transport system, as well as access to the intensive care unit, the phenomenon “judicialization of health” has emerged. This article aims to discuss aspects involving health care in Brazil. It will focus on the most current decisions made by the federal court of justice in the context of the pandemic and examine the results and consequences of such decisions, as well as their contribution to a new point of view towards our social welfare. Policies to prevent diseases are needed in order to achieve the right to health. For this, the exploratory type methodology is used, of qualitative nature, with jurisprudential analysis combined with bibliographic review.

Keywords : the right to health; Judicialization of health; Brazil’s legal order; Covid-19 pandemic..

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