A saúde em enunciados: uma análise acerca do ativismo judicial e dos parâmetros decisionais adotados pelo CNJ

Abstract

This study aims to address the right to health from the standpoint of judicial activism. For this purpose, we will perform a critical analysis in some of the statements on the subject approved by the National Council of Justice in May of the current year. The relevance of this analysis arises from the possibility that the statements referred to constitute decision-making parameters adopted by judges in judging claims for health care. Starting from a logical-inductive methodology, we tried to discuss the plausibility and reasonableness of the statements selected for analysis, starting from the basic notion that the essential core of the right in question is embodied in the right to life itself, and therefore, that demands state's protection.