A conformação do direito à saúde a partir das audiências públicas realizadas pelo Supremo Tribunal Federal

Abstract

This work brings up the issue of the effectiveness of public hearings held by the Brazilian Constitutional Court in order to give shape to the right to health. With this, the research brings as a fundamental questioning the effectiveness of these debates in the direction and programmatic of the decisions of the Federal Supreme Court in the face of constitutional jurisdiction and its reach in the realization of social rights, notably the right to health. Using a deductive methodology, through bibliographic research, it is proposed to analyze health and public policies related to it from a principled bias, rescuing, then, the legal and regimental diplomation that supports the existence, reach and functioning of public hearings at the Supreme Court. And, finally, after the debate about the democratic and technical legitimacy of the sessions held at the heart of the judiciary, the research seeks to demonstrate the real reach of these meetings in the various judicial decisions on the subject, above all, presenting the extract of the 6 (six) hearings that took place in the STF and their impact, mainly, on the Unified Health System. The research makes use of some doctrinal and jurisprudential sources, including large volumes and theoretical treatises. It seeks to understand, in this perspective of analysis, the articulation between the hearings, in the context of the concentrated control of constitutionality, and the factual realization of the collection of debates in the jurisdictional control of public policies. In this sense, subsidies should be sought beyond the legal scenario in order to guarantee greater legitimacy in judicial decisions.