Vara da Fazenda Pública Especializada na Comarca de Palmas: uma forma de aperfeiçoar a prestação jurisdicional relacionada ao direito fundamental à saúde

Abstract

This paper analyses the implementationof the Health Law as a way of establishing the fundamental right to health. The guarantee of the right to health, recognized by the national constitution, is an issue with repercussions throughout the world, especially in Brazil where the state does not provide access to a public health system with dignity for its citizens, despite the predicted provision of universality in the planning and regulation of the National Health System (Sistema Único de Saúde). A dichotomy is created between the norm and the reality experienced by the people in need of the public health system. At the core of the study is the analysis of the right to health as a fundamental social right not being carried out satisfactorily by the state, thus culminating in the implementation of the Health Law. This paper focusses on the discussion and examination of ways to improve access to health, in relation to the implementation of the Health Law. Thus, what this paper seeks is not to present a miraculous solution for the shortcomings of public health, but a better alternative of judiciary power to address the problems created by the inefficiency of public health, and consequently the implementation of the Health Law, through the transformation of one of the courts of Public Office into a specialized court to deal with fundamental rights, especially the right to health, providing citizens with an adequate and dignified judiciary service.