O direito à saúde entre judicialização e ativismo judicial: um estudo sobre o impacto das demandas judiciais individuais no orçamento do município de Cachoeira do Sul

Abstract

The present work exposes the result of a bibliographical research and field, using hypothetical-deductive methods, for the purpose of approach, and monographic, procedural, under the theme of realization of the right to health by the judiciary, having as main objective to analyze, under the contours of the contemporary constitutionalism, the phenomenon called judicialization of health. To this end, a study was carried out, addressing the main aspects related to the issue, as the problematic implementation of social rights and health in particular, the phenomenon of judicialization of health and their necessary distinction of judicial activism, analyzing, the end, the budget impact of judgments to the public coffers. In the course of work, sought to clarify important issues that permeate the theme, such as: the municipal Executive of Cachoeira do Sul has the budget/financial impact measurement of judgments involving individual demands and, if it has, what is the impact of these decisions on the health budget? Finally, it was concluded that the municipality stands out on the right track, with the measurement of the impact of the lawsuits in its budget for health and that means less than 1% of the value for health actions and services.