O Direito à Saúde e o Papel do Judiciário para a Sua Efetividade no Brasil

Abstract

Considering the evolution of the citizenship rights in the world and in Brazil, it has been triedto concieve the right to the health as a fundamental, constitutional right, linked in a wider wayto the access to justice. It is the access to justice not only as indispensable access to thetribunals, but as access to a just society. It is defended that the active conquest of theeffectiveness of the fundamental rights on the part of the citizens can be given, although italso depends on other factors, starting from the active role of the Judiciary Power, as part ofa democratic-participative State. Taking these facts into account, it is believed to be necessarythe implementation of changes in the Judiciary Power and of fittings in the processual right,adapting it to the new social conquests, turning it more democratic, participative and coherentwith the materialization of the substantial right.

Keywords

• citizenship
• right to the health
• access to justice
• judiciary power
• civil proces
• sual right
• democratic
• participative state