Judicialização da saúde e a potencialização da desigualdade material

Abstract

We seek to analyze how the model of judicialization of health care in Brazil has failed to comply with the precepts of equity, considering that the Judiciary is the means of access to the less favored. It happens that this space has been occupied by big litigants and by people with better social and economic conditions who are fully aware of their rights violated by the Public Power. However, the excessive judicialization has been a cause for concern, due to the scarcity of public resources and the lack of criteria when judging these claims that end up causing an imbalance to the treasury, further hindering the public policies already implemented. Based on research already conducted on the subject, a literature review was conducted, seeking to understand how the Judiciary interferes unintentionally and increases the abyss of inequality when judging health claims by allocating, through judicial decisions, scarce resources.