O direito à saúde no contexto do neoconstitucionalismo

Abstract

This study proposes a reflection about the enforcement of the right to health in the context of the neoconstitutionalism. In summary, with the advent of neoconstitutionalism there was an increase in the number of lawsuits involving the right to health. Such demands, however,have specific characteristics arising from the legal nature of said right, which that must be discussed and considered by the judiciary branch. The national judiciary is used to decide conflicts of interest bipolar, not considering the distributive and polycentric characteristcs that the right to health involves. In this context, emerges a disturbing concern with the quality of adjudication,with the forms of control of that power, and especially with the identification of the most suitable to the authority and the concreteness of the right to health in Brazil procedural mechanisms.