Medidas de execução indireta na efetivação de decisões judiciais que tutelem o direito fundamental à saúde

Abstract

The indirect enforcement measures are tools used by the judge in the exercise of the executive protection in order to coerce the debtor to fulfill the obligation that is delinquent. This research has the overall objective of analyzing the legal protection given by the Brazilian legal right to health, as well as the enforcement of this right through executive protection and execution of indirect measures that trim. The achievement of this overall objective is obtained by achieving the following specific objectives: a) establish the role of the right to health in Brazil as belonging to the category of fundamental rights law; b) analyze the legal protection given by the legal system of fundamental rights, from the process; c) carry out the study of implementing measures already enshrined in judicial practice, paying attention to the limits of its application and consequences of use; d) examine whether Brazilian law authorizes the use of civil imprisonment as an enforcement measure indirect. The research will study material bibliographic sources that record the current debate about the object of the work, an approach aiming on all kinds of issues surrounding the topic, exploring whether any doctrinal differences that may be more relevant. Besides the doctrinal approach to the issue, it is a judicial research, aiming at a better basis for the scientific enterprise, analyzing and comparing the results of the literature search with the forensic reality, in order to combine theory and practice. This work is intended precisely to allow detailed examination of indirect execution measures available to the judge in the Brazilian legal system task to compel the debtor to fulfill obligations that foster and promote the right to health.