The public hearing about health judicialization and its consequences in the jurisprudence of the brazilian federal supreme court

Abstract

The aim of this article is explain the main ideas discussed at the Public Hearing n. 4, convened by the Minister Gilmar Mendes, dealing with subjects related to health. Intends to make a brief review of the Supreme Court jurisprudence after the public hearing in order to verify its influence on the decisions of the Ministers of the Supreme Court. It also a highlight the recent recommendation of the National Council of Justice to ensure greater efficiency in the settlement of litigation involving health care. In this paper, we examined the legalization of health, launched with the aim of contributing to the debate on the subject. With regard to judicial review, was analyzed, essentially, the recent decision by the plenary of the Supreme Court, which dismissed nine appeals by the Government against judicial decisions that led to the Unified Health System (SUS) to provide expensive drugs and treatments not offered by the system to patients of serious diseases which resorted to the courts.