A judicialização da saúde: parâmetros utilizados ante o princípio da reserva do possível

Abstract

The Judiciary when provoked through the phenomenon of health Judicialization, must position itself to effect the right to health before the omission or inefficiency of the public health system in Brazil. From this perspective, the core of this study is the debate about the legitimacy of the Judiciary to ensure the realization of the right to health, and specifically, the reserve of the possible basis for decisions on the matter. The justification is based on the limited budget forecast, since there is a growing search for judicial sentences capable of effecting the right to health in Brazil. Thus, from a doctrinaire and qualitative research, the present work was developed to identify judicial demand and to trace the foundations of the institute of the reserve of the possible.