THE JUDICIALIZATION OF THE RIGHT TO HEALTH: A STUDY OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF RIO GRANDE DO SUL

Abstract

The present work analyzes directly health and its aspects in contemporary society, based on historical, interpretative, and jurisprudential analysis. The conception of health is identified in order to resolve doubts about the meaning of health law as subjective public law, as fundamental law, and as a current norm in the Constitution. The right to health is also analyzed. As a minimum, existential and a position national in diverse judgments judicious. Furthermore, to carry out this monographic work, the deductive method was used, starting from the history of health in Brazil, in order to find the most judiciary for protection of health, specifying, finally, the decisions of the Court of Justiça do Rio Grande do Sul, referring to the role of the Judiciary on such a topic. Outreach was carried out based on bibliographical, jurisprudential, and, in addition, research on scientific articles.