Uma análise da judicialização enquanto forma de concretização do direito à saúde.

Abstract

It constitutes an analysis of the health while social category and historically constructed, initially while charity promoted for religious to the poor persons, and warranty to the formal inserted workers in the market, until its current conformation, in search of its relations with the sphere of the right, prioritizing the constitution of locus of this relation in the scope of the basic human rights from the dimensional theory. Also, is still considered to an analytical boarding on the phenomenon of the judicialization of the health, with sights the interpretation of the same before the understanding of the democratic State of right and the judicial activism in the social politics. It has for objective to analyze the existence in the scope of the judicialization of a necessity relation, as well as, the understanding of which would be the causes that would lead the same one. In one second source to search to understand if that phenomenon fulfills with the social function of justice. For in such a way, it is used of a methodological armory of systematic bibliographical strategies and of documentary study, from the analysis of the constitutional doctrine, in special of authors who dedicate dimensional theory to it of the basic human rights, beyond it arrives in port it to the native legislation, and in the analysis of some decisions of courts, aiming at the attainment of the positioning of these, with regard to such demands.