JUDICIALIZAÇÃO DA SAÚDE PÚBLICA NO BRASIL: DESAFIOS PROCESSUAIS E IMPACTOS NO DIREITO FUNDAMENTAL À SAÚDE

Abstract

The judicialization of health in Brazil is a growing and multifaceted phenomenon that highlights the tension between guaranteeing the fundamental right to health, enshrined in the 1988 Federal Constitution, and the State’s budgetary and administrative limitations. This study critically analyzes the procedural obstacles arising from the increase in lawsuits related to healthcare and their impact on the effectiveness of the Unified Health System (SUS). It adopts a bibliographic review with an interdisciplinary approach, encompassing legal, social, and administrative perspectives. The research emphasizes the Judiciary’s role in ensuring fundamental rights, while also pointing out the risks of judicial activism when individual decisions disrupt collective planning. The study also examines institutional initiatives aimed at rationalizing the phenomenon, such as the Technical Support Centers of the Judiciary (NAT-Jus), the National Platform of Technical Opinions in Health (e-NATJus), and legislative proposals currently under discussion that seek to establish objective criteria for granting medicines and treatments through court decisions. In addition, it highlights the relevance of adopting extrajudicial mechanisms, such as mediation, conciliation, and Online Dispute Resolution (ODR), as strategies for reducing litigation and strengthening public health management. The conclusion stresses that building a comprehensive legal framework and promoting interinstitutional cooperation are essential to ensure that the right to health is effectively guaranteed in an equitable, transparent, and sustainable way.