An analysis of the effectiveness of judicial activism as a guarantee of access to the right to health

Abstract

This article addresses the judicialization of access to the right to health through judicial activism. Its objective is to define health, its scope as a fundamental social right, to point out the ineffectiveness of norms pertaining to the right to health, as well as the constant recourse – by users of the Brazilian Unified Health System (SUS) – to the Judiciary as a way to guarantee access to the right to health. To achieve this, the deductive approach method, the historical, interpretative and analytical procedural methods, as well as bibliographic and documentary research techniques were used. Fulfilling all the established objectives, it describes that health is not merely the absence of disease, but a set of social determinants that favor the dignity of the human person. It proceeds to analyze the effectiveness of constitutional and infraconstitutional norms that regulate the right to health in Brazil. It criticizes the excessive recourse to the Judiciary to guarantee access to public health. It concludes that judicial activism is important for a democratic state, but it is not the best solution for Brazilian public health.