JUDICIALIZAÇÃO DA SAÚDE NOS JUIZADOS ESPECIAIS FEDERAIS: uma análise dos fundamentos utilizados nas decisões dos JEFs de São Luís-MA.

Abstract

In view of the increasing role of the Judiciary in the implementation of public health policies, the Federal Special Courts (FSCs) emerge as an important instrument of access to justice for those who need protection involving the right to health. Considering this scenario, through a bibliographic and documentary research, the objective is to understand the phenomenon of the judicialization of public health in Brazil, with emphasis on the action of the National Council of Justice and the judgment parameters pointed by the Superior Courts, as well as to analyze some peculiarities of this type of demand within the scope of the Civil FSCs, such as the criteria for defining the value of the cause and the possibility of using technical expertise and alternative means of conflict resolution in these processes. Considering the normative, jurisprudential and ethical aspects worked throughout the text, including the contribution of the theories of John Rawls and Noman Daniels in the approach of the latter, we also seek to critically analyze the ethical, factual, normative and jurisprudential foundations used in the decisions of the FSCs of São Luís-MA, from March 31, 2014 to March 31, 1919, with the purpose of contributing to reflections and studies on the judicial performance in this subject.