Judicialization of the Right to Health

The Daily Challenges for the Implementation of Constitutional Precepts

Abstract

This article was produced based on the analysis of recent decisions on the issue of health judicialization, as well as the impact on municipalities and the state of the excessive spending that these convictions imply. Thus, given this scenario, the work at hand aims, directly and concisely, to demonstrate the harmful consequences for the maintenance of a SUS (Unified Health System) for all as a constitutional precept, since these injunctions granted and compliance at any cost generate system inefficiency for the rest of the population. Furthermore, the article envisions a possible solution to be taken, which could reduce the vast majority of convictions against federated entities.

 Received: September 2023 | Accepted: December 2023