Abstract

BOROTA DE OLIVEIRA, LUIS GUSTAVO  and  LIPPI, MARIA CLARA. Judicialization and judicial activism toward Brazilian public health demands. Rev. Derecho Estado [online]. 2020, n.45, pp.245-274. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.09.

Citizens are increasingly bringing their not attended public health demands to judicial litigation to achieve solutions from the State's constitutional duty to provide public healthcare services and goods. Studies about this phenomenon focus on how Judiciary can act without infringing separation of powers and guaranteeing constitutional rights efficacy. This article analyses Brazilian Judiciary's acting on ensuring health fundamental rights. The concepts applied in the research concludes that the problem must be solved from itself and not by the solution. Judicialization and judicial activism are alternative and not mandatory means to solve public health demands because Judiciary is not responsible for making public health policies. This research contributes to improving the thesis about this issue since it links several contents from other researchers, renowned law scholars, and current jurisprudence.

Keywords : Social rights; right to health; access to the courts; public policy; public health.

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