OS DESAFIOS DO DIREITO À SAÚDE NO BRASIL FACE A POLÍTICAS DE AUSTERIDADES

Abstract

This article aims to analyze the challenges of the universalization of the Right to Health in Brazil and the atypical intervention of the Judiciary as a way of making this Social Right effective. In order to do so, the historical evolution of the Right to Health will be studied at the national level, notably the influence of the so-called Health Reform that resulted in the inclusion of this right in the list of Social Rights present in the Federal Constitution of 1988 and the elaboration of the Law n° 8080/90 which established and regulated the Unified Health System (SUS), one of the greatest social achievements guaranteed in the current Constitutional Charter. The doctrinal principles of the SUS are universality, equity and integrality in health services and actions, however, their satisfactory implementation is a constant challenge in Brazil, given that it is a heterogeneous country with apparent limitations of resources 95, of 2016, which froze public spending for 20 (twenty) years, affecting on a large scale the financing of health by the State. In this context, note the impasse between the guarantee of the right to health and the financial limitation of the State entity, which increasingly gives rise to the provocation of the Judiciary with the objective of seeing the claimed right materialized, being this typical function of the Legislative and Executive Powers. In view of the above, to outline the relevant points, a bibliographic study was carried out with an analysis of the basic doctrines and relevant legislation, as well as an analysis of jurisprudence signed on the subject.