The Judicialization of Health in Brazil: Guiding Principles, Organization as the Law 8.080/90, Possibilities and Limites of Jurisdiction in Actions of Free Medicine Provision

Abstract

The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and judicial, to make public policies feasible in order to achieve satisfaction of the right to health.

Keywords

• Direito à saúde
• Princípios
• Organização
• Judicialização
• Procedimentos de uniformização