Saúde privada e a medicina baseada em evidências como fonte de critérios orientadores da intervenção judicial

Abstract

The scope of this essay is to analyse de use of the so called “evidence based medicine” as a guideline for judicial intervention in health care market, in public and private areas. In this sense, the content of fundamental right to health care provided by Brazilian Federal Constitution; as well as the rendering of health care services by private enterpreneurs; and specially the risk of unbalance arisen from a judicial intervention in private contracts or in the treatments offered by the public health system, without an objective guideline are analysed. The use of the so called “evidence based medicine” is suggested as a possible guideline for such intervention. KEYWORDS: Right to Healthcare; Judicial Intervention; Evidence-based Medicine.