A legitimidade democrática da judicialização na efetivação do direito à saúde e os reflexos no orçamento público

Abstract

This dissertation aims to verify the democratic legitimacy of judicialization in ensuring the right to health and how this judicialization interfere with the public budget point of order which the role of the judiciary in the effectiveness of the fundamental right to health. Therefore, it will be far a survey of the main theoretical concepts for and against which are based on the discussion of judicialization of the fundamental right to health and its relationship with democracy. After, which will be studied statistically reflections of judgments in the training budget in public health function in the periods of 2002-2011, to verify that the power duty of the judiciary from interfering in public policy regarding health affects or contributes to its effectiveness in the short and long term. In order to achieve the overall objective of the work will be necessary, first, a brief presentation about the dogmatic conceptions of Fundamental Rights to Social contextualize as the right to health becomes a fundamental law prestacional endowed effectiveness thereby delimiting the object of research. Then it will search the main theoretical foundations for and against judicial intervention in other powers, for the purpose of completing the legitimacy or otherwise of the judiciary in promoting the realization of the right to health in this case as well, if democratically legitimized, in which case he may or may not do it. Then we will analyze the influence of judicialization of the fundamental right to health in the public budget through analysis of statistical data of annual budget laws in the period 2002 to 2011 to see if there is a discrepancy in the amount paid by the Union because of the convictions judiciary in the health sector and the amount budgeted for, and if there was increased budgetary provision for health due to the increase in the number of convictions of the judiciary towards the realization of the right to health in the long run. To submit both a contextualization about the conceptual and legal aspects governing the Public Budget, the elements forming the budget for public health and for payment of condemnation against the government on the fundamental right to health and only then analyze the impacts of judgments in training budget public health function. Finally, after the calculation of all content researched as explained above, you can achieve the main goal of the research is to define the role of the judiciary in the effectiveness of the fundamental right to health beyond the limits of the sentence, note the conclusions reached regarding the consequences of their decisions in budgeting public regarding the right to health by checking if you can establish the existence of an indirect function constraining of the judiciary in relation to other powers in the concentration of efforts to meet the expectations of society in effecting the fundamental right to health, when democratically legitimated.