A judicialização da saúde no âmbito do Supremo Tribunal Federal : a evolução jurisprudencial trazida com o julgamento da suspensão de Tutela Antecipada nº 175/CE e do Recurso Extraordinário nº 566.471/RN.

Abstract

The present monograph work focuses on the evolution of the jurisprudence of the Supreme Federal Court (STF) regarding the right to health, in view of the judgment of the Suspension of Early Guardianship n. 175/CE and Extraordinary Appeal n.566.471/RN, landmark decisions on the subject and aims to analyze the jurisprudential evolution of the Brazilian Supreme Court in sanitary matters from the judicial decisions based on STA nº 175/CE and on RE nº 566.471/RN. In these terms, it is asked: has there been a change in the jurisprudential understanding of the Supreme Federal Court in relation to the decision issued in Extraordinary Appeal n. 566.471/RN (2020) compared to the one based on the Suspension of Guardianship nº 175/CE (2010)? The approach method used is a deductive method, from which an analysis of the right to health as a fundamental social right was developed, permeating the aspects related to its judicialization, with final research in the jurisprudence of the higher courts. It is of fundamental importance to study the theme, given its epercussi on within the Federation Powers, especially the Executive and Judiciary, as well as in all civil society, in the pursuit of the constitutional right to health ensured by the 1988 Constitution. In addition, the current factual context that permeates the judicialization of health requires the standardization of parameters to be applied in the judgment of demands of a sanitary nature, in order prevent the delivery of conflicting decisions, lacking a coherent foundation, leading to the fulfillment of the dignity of the human person. Based on the work carried out, it was concluded that the health decision (STA nº 175 /CE) issued in 2010 continues to be used as a legal subsidy for numerous demands related to the health area, including in Extraordinary Appeal nº 566.471/RN. The latter, however, also innovated by establishing new legal parameters to be observed in the assessment of processes of this nature, a fact that demonstrates the effective evolution of jurisprudence in the judgments of the Federal Supreme Court.