Judicialização da saúde: o processo de implementação das varas especializadas em saúde pública no judiciário brasileiro

Abstract

The 1988’s Federal Constitution assigned health as a fundamental social right, in article 196’s terms, which is a right to everyone and a duty to the Estate. Due to a diverse amount of reasons, highlighted by the executive power inefficiency, the citizens started to ingress at the judiciary power looking for full access to that right. This process was entitled as health judicialization, and generated a series of consequences in brazilian judiciary’s field, leading to the National Council of Justice (NJC) to take a increasingly active role, building measures aiming at better court decisions. This present article performs one scientific analysis of measures adopted by the National Council of Justice, focusing on the studies from court specializations in public health. Through the Citizen Information System (CIS), data, from every Federal and Estate court were pursued, which could subsidize the foundation of a panorama about the implementation of specialized court health matters. The present research still performs a case study about the process of creation of the tax execution and health matter in Palmas’s county, at Tocantins.