A política pública de saúde e sua implementação gerencial, de acordo com a capacidade econômica do povo e as competências constitucionais dos poderes do estado brasileiro: o papel do poder judiciário brasileiro após a Constituição da República Federativa do Brasil de 1988

Abstract

Health, according to Article 196 of the 1988 Federal Constitution, is a social right whose access must be guaranteed by the State through the Unified Health System (SUS), in a universal, free, and comprehensive manner. However, administrative inefficiency and the scarcity of public resources have led to the growing judicialization of health, in which citizens turn to the Judiciary to obtain medications and treatments not provided by SUS. This phenomenon raises debates about the limits of the Judiciary's role, especially when individual decisions disregard public policies and budgetary commitments previously established by the Executive and Legislative branches. This study argues that it is not within the Judiciary's competence to formulate public policies, as it lacks technical knowledge and budgetary authority, and that its role should be limited to overseeing the legality and constitutionality of state actions. Furthermore, it is emphasized that collective actions may be more effective in ensuring the right to health without compromising the State's strategic planning. The aim of the research is to analyze the relationship between jurisdiction and human rights in the context of public health, demonstrating that judicial action in individual claims can hinder the implementation of public policies and the rational allocation of public resources. The methodology adopted is based on a literature review, encompassing scientific articles, legislation, case law, and other relevant documents.