THE PHENOMENON OF JUDICIAL INTERVENTION IN PUBLIC HEALTH: A CONFLICT OF POWERS FROM THE PERSPECTIVE OF RESP No. 1,657,156/RJ

Abstract

This study provides a perspective on the impact of Special Appeal No. 1.657.156/RJ, ruled on by the Superior Court of Justice, on the cycle of public health policies, since it establishes the provision of medicines that are not listed in the normative acts of the SUS. This prompts reflection on the conflict between justice and public management, with a view to understanding how this intervention process promotes the construction of a social program based on the principle of selectivity and also complies with the constitutional precept of equal access to health. To achieve this objective, exploratory research was used, in a qualitative approach, making use of documentary research with data from the government database, in order to describe the effects of the judicialization of health on public accounts. In this sense, the research critically analyzes the right to health, the position adopted by the STJ, and the respective repercussions on the political scene. The proposal consists of highlighting this systemic problem between the right to life and budgetary constraints, in an attempt to seek balance in the construction of policies for equal access to the health system.