A aplicação de astreintes em face da Fazenda Pública: uma análise sobre o direito à saúde e o recurso especial n.° 1.474.665/RS

Abstract

The goal of this paper is to analyze the legal innovation brought with the judgment of the Special Appeal nº. 1.474.665 / RS, in a repetitive appeal, which consolidated the possibility of setting a coercive fine against the State to force it to provide medicineto a person without financial resources. The recognition of the right to health as a fundamental social right, with the advent of the Federal Constitution of 1988, is the result of its connection with the principle of human dignity and the right to life,being assigned to the public entitied the duty to protect and execute that right. Through the analysis of doctrinal and jurisprudential understandings, as well as legislation, we seek to highlight how the imposition of daily fines to public entities can result in a way to ensure the realization of the right to health, as established by art. 196 of the Magna Carta.