JUDICIALIZAÇÃO DAS POLÍTICAS PÚBLICAS DE SAÚDE: EFETIVAR DIREITOS SEM VIOLAR A ISONOMIA DOS ENTES FEDERATIVOS

Abstract

This article provides an overview of the judicialization of conflicts in public health in Brazil with a focus on the possibility that the phenomenon may lead to a break in isonomy among federal entities, preventing them from implementing policies capable of enforcing rights. The work uses bibliographic review and jurisprudential citations. As for the latter, we dealt especially with Theme 793 of the Supreme Federal Court, which eliminated the logic of the solidarity of private law trials for health policies for all entities of the Federation. We maintain that the consolidation of this understanding indicates a possible path for the realization of the right to health through the judicial system, since it considers federative equality and, consequently, reduces the destabilizing impacts caused by excessive litigation.