Statements of the Special Courts of Public Treasury of Rio de Janeiro: challenges to the guarantee of rights

Abstract

The judicialization of health in recent decades has produced norms, guidelines and actions that materialize an intersection between the fields of Health and Law, in different contexts. The purpose of this paper is to analyze the recent jurisprudential statements of the Special Courts of Public Treasury at the Rio de Janeiro Court of Justice, in order to understand the implications of these guidelines in the guarantee of rights, especially with regard to the supply of drugs by the Brazilian Unified Health System. First, three historical moments related to the claims for access to health products and services will be identified; and after that, the determinations contained in those statements will be discussed, especially with regard to joint liability, having in mind the effectuation of the access to health and justice.