THE IMPACT OF JUDICIALIZATION ON THE UNIFIED HEALTH SYSTEM

Abstract

This study aims to discuss the right to health, comparing collective versus individual health and analyzing the impact of judicialization on the Unified Health System-SUS. Therefore, it addresses the fundamental right to health, emphasizing the concept and minimum content; discusses the right to health from the perspective of the principle of integrality; and analyzes the judicial control of public policies, with a brief discussion on the reservation of the possible, existential minimum and on acting preferably in a collective form. In order to fulfill the objective of this research, a bibliographical research was carried out on doctrines and on current legislation, which were research sources that guided the elucidation of the proposed theme in order to seek solutions to reduce expenses with judicialization. It was seen that the Judiciary has to improve its technical performance in the area of public health, understanding it in its collective, systemic and integral vision, and also incorporating the right to health as part of a public policy that is not only the responsibility of the Executive, but from the judiciary and society. With regard to the municipalities, it was concluded that city halls should check the drugs that are most requested in lawsuits and assess whether offering these drugs spontaneously to the population would be more advantageous in financial terms. Certainly, if the budget of the municipalities allows it, offering medication spontaneously to those who need it is desirable, however any analysis must be made prioritizing collective health.