A ORDENAÇÃO ECONÔMICA E FEDERATIVA DA SAÚDE PELO ESTADO BRASILEIRO E A INGERÊNCIA DO PODER JUDICIÁRIO

Abstract

The present work is the result of research that aimed to investigate the implications of the interference of the Judiciary in the realization of the right to health. The tested hypothesis still includes the economic and federative ordering of this right. To this end, the three dimensionality of economic law is described and art. 170 of the Federal Constitution, the main rule of the Brazilian economic order. The economic order is exposed as a guarantor of human dignity and, therefore, of the fundamental right to health. The budget, its organization, nature, forms of control and the constitutional principles related to it are discussed. This study also explores the legislation affecting the Unified Health System, its guidelines, structure, sources of financing, purposes, expenses and efficiency. Finally, the balance between the fulfillment of the right to health by the Judiciary and budgetary stability is investigated. The method used to carry out the work was deductive, qualitative and exploratory, with research on works, scientific articles, jurisprudence and legislation related to the theme.