A responsabilidade e o direito de regresso dos entes públicos no âmbito da judicialização da saúde.

Abstract

The right to health in Brazil is a fundamental right of everyone, being the State’s duty to promote its effectiveness. The limitation of State's resources ended up causing a deficit in the full provision of the access to health by the public administration, which led to the judicialization of health, that is, the recurrent search for intervention by the Judiciary as an alternative to guaranteeing this right. Given the various judicial decisions, it was possible to verify differences in the form of accountability of state entities, so it is questioned whether the federated entities are jointly or individually responsible according to each lawsuit. In view of this, it was sought to study the response of the Federation's entities in the realization of the right to health, as well as the possibility of exercising the right of redress among themselves, when there is the defrayal of only one of those responsible. Through a qualitative approach, which analyzed the jurisprudence of the Court of Justice of Rio Grande do Sul and the higher courts, as well as exemplary data of Porto Alegre and Capão da Canoa, being appointed deduction to analyze the existing norms and through the study of the state of the art, in the present study it was possible to conclude that there is the possibility of a right of redress among the federated entities, considering that their responsibility occurs jointly in the health sphere.