Author:

• André Luís Soares da Paixão - Paixão, ALS - <andreluiswt@gmail.com>
ORCID: https://orcid.org/0000-0003-3113-8275

Abstract:

The paper presents the question of the judicialization of the right to health in Brazil. Based on datathe National Council of Justice, the existence of a substantial increase in the number of lawsuits dealing with the right to health is demonstrated. The paper emphasized that the national doctrine exhaustively discusses ways to make the judicial performance more effective, but the economic aspect of this judicialization is often forgotten. Using the concept of opportunity cost extractedeconomics science, it is demonstrated that the magistrate, by deferring the lawsuit formulated by the plaintiff, automatically forces the Executive Branch to reduce the scope of other policies to generate resources to meet the judicial decision. This scenario, in certain contexts, ends up favoring individual rights at the expense of the collective rights of SUS users, in violation of the principle of isonomy and efficiency. Finally, the case of the judicialization promoted by the hemophiliac patients in the Federal District is presented as a way of demonstrating, at the factual level, the consequences of the judicialization in the SUS policies.

Keywords:

Judicialization; Right to health; Health Unic System; Health policies; Opportunity cost.e.

Content:

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