SPECIAL COURTS: A FUNDAMENTAL PART TO HAVE ACCESS TO THE RIGHT TO HEALTH?

Abstract

The purpose of this work is to reflect on access to health through judicial protection, and, more specifically, through the procedural rite established in Law 9,099/95, of Special Courts. As a result of inefficient or even non-existent public policies in the field of health, and a growing demand directed to the Judiciary for services of this nature, it is known that the current situation of access to health in Brazil is strongly conditioned by access to justice. This is a great challenge for the Judiciary, with so many difficulties involved in protecting the fundamental right to health. The implementation of special courts presents itself as a solution to facilitate access to justice, it is necessary to investigate whether the simplification of procedures adopted in this sphere of the Judiciary effectively contributes to facilitating access to health.