JUDICIALIZATION AS A TOOL FOR ACCESSING HEALTH-RELATED RIGHTS: A BIBLIOGRAPHIC AND QUALITATIVE ANALYSIS

Abstract

This article explores the relationship between the right to health, judicialization, and public policies in Brazil. Through a research methodology involving bibliographic, descriptive, and qualitative analysis, this study examines data from sources such as PubMed, Scielo, and BVS from 2013 to 2022. The objective is to investigate the use of judicial channels for accessing health-related rights and to understand the role of the Judiciary and the impact of health judicialization. The findings indicate that health judicialization has become a common practice in Brazil, as individuals resort to the Judiciary to secure access to treatments and medications. This trend arises due to limited resources and inadequate healthcare infrastructure. While the Judiciary assumes the role of an arbitrator, balancing individual health rights with the financial limitations of the State, it raises concerns about the separation of powers and interference in public policies. Although health judicialization may be seen as a strategy to safeguard fundamental rights, it also presents challenges, such as unequal access to healthcare services and financial burdens on the healthcare system. Therefore, it is crucial to strike a balance between the right to health and the State's capacity to provide adequate services. In conclusion, this study underscores the importance of efficient and well-structured public policies to ensure universal access to healthcare, thereby reducing the need for judicial recourse. Additionally, it emphasizes the necessity for dialogue among the Executive, Legislative, and Judiciary branches to address the challenges of health judicialization and ensure the effective realization of the right to health for all citizens.