THE JUDICIALIZATION OF HEALTH: EFFECT OF PROVISIONAL URGENT PROTECTION IN GUARANTEEING THE RIGHT TO HEALTH

Abstract

Health is a fundamental right that requires total caution and speed, especially in complex situations that need rapid and urgent solutions. Given this scenario, it has been observed that in cases where health needs an urgent court decision to enter the institute of provisional urgent protection. In this sense, doctrine and jurisprudence has understood that this legal mechanism is the most appropriate for these cases. Faced with this scenario, this study was intended to discuss the effectiveness of urgent protection in the judicialization of health. In the methodology, it was a literature review, based on books, legal doctrines, scientific articles, dissertations, legislation and jurisprudence. Data collection took place in the search for database, such as Google Academic, Scielo, among others; Between April and May 2023. In the inclusion criteria we sought to find scientific works that would discuss the respective theme. In the results, it is necessary to note that early protection is effective in the judicialization of health, especially in actions that deal with the granting of medicines or medical treatments, since the patient cannot wait until the end of the process, given that the A disease that affects you can be aggravated, or in many cases, leading you to death.