THE JUDICIALIZATION OF THE RIGHT TO HEALTH IN THE COVID 19 PANDEMIC

Abstract

The right to health is constitutionally recognized as a duty that the State has to guarantee it in the face of the omission of policies aimed at its provision. Because, with the helplessness, the citizen needs to appeal in a judicial way to recover his right, generating with this the increase of the demands in the judiciary, contextualized as judicialization. This fact was recurrent, especially during the pandemic, caused by the spread of the COVID-19 virus, in which the population needed preventive measures to avoid overcrowding hospitals and posts. Therefore, the objective is to analyze the judicialization of health within the context of the Covid-19 pandemic in Brazil. It is justified that the right to health was inserted in our Federal Constitution in the list of fundamental social rights aiming at the well-being and quality of life of the citizen in a dignified way, where the State must formulate public and economic policies with objectives to promote, protect the health of the entire population. The method used in the research was the bibliographic one through research in books, theses and articles, jurisprudence, with a deductive method of approach that allowed to search for information about the problem, obtaining the expected results regarding the absence of planning by the State in promoting access to health for all in a dignified and equal manner, meeting the needs of the entire population.