Right to health: the SUS chamber an alternative to (un)judicialisation

Abstract

The search for the realization of fundamental rights is a constant challenge for the democratic State of Law. An example of this is the right to health, which is set forth in the Brazilian Federal Constitution as a fundamental right guaranteed to all. However, its effectiveness has often been achieved through Judicialization, which is a growing phenomenon in the country and consists of transferring political power to the Judiciary for the realization of rights. In this way, the objective of the study was, through a bibliographical analysis, to discuss whether the search for the Judiciary is the best solution for the realization of this right, due to the existence of public policies of the SUS and the growing number of lawsuits in the field of health. In view of this, it was concluded that the judicial action to make the right to health feasible is valid, however, it causes serious losses to the public administration, including in the budget and public expenditures. Thus, one of the alternatives presented is the implementation of the Administrative Mediation Chamber to solve health claims related to medicines, such as the SUS Chamber in the State of Piauí.