THE RIGHT TO HEALTH IN TIMES OF PANDEMICS AND JUDICIAL ACTIVISM

Abstract

The study addresses that Brazil is the scene of conflicting positions about the legal effects and judicial activism, which has been the target of polemics and conflicts, especially of a social order, because we are in a global pandemic. The general objective of the study is to understand the system of judicial activism from theoretical foundations in relation to the right to Health in times of pandemic, demonstrating from the doctrinal and jurisprudential analysis that the Judiciary becomes able to guarantee and enforce the right to citizens' health. The present study was elaborated through an integrative, exploratory review with qualitative research, with an observational approach, through relevant aspects about the pandemic. It is concluded that given the urgency of the rampant dissemination of the virus, the legislative process becomes ineffective due to its slowness even though there is a good intention on the part of parliamentarians to meet the needs of the population. Thus, with many demands arising at that time and lacking an urgent response, the Legislature is unable to provide an effective response within a reasonable time.