Legal suits concerning supply of medicines in the Brazilian Public Health System: characteristics and limits for the judicial performance

Abstract

Considering the increase of the number of lawsuits to the supply of medicines at the range of the Brazilian National Public Health System (Sistema Único de Saúde - SUS), this article has the objective of discussing the Judiciary Power performance in the judicial conflicts concerning the right to health, especially regarding its characteristics and limits. This work also aims at contributing to the debate over the intervention of the Judiciary Power on public policies, especially concerning those pertaining to health, a phenomenon called judicialization. In this direction, this paper analyzes the characteristics and limits of judicial performance in those cases and it intends to establish criteria to the overcoming of these limits on judgments concerning the supply of medicines by the state for the SUS users.