Alternatives for the Justice System to promote and protect health goods equally in the SUS

Abstract

This article points out that the chronic underfunding of the SUS since its creation is the main cause of its current disorganization, as it prevented the gradual consolidation of the universal public health project idealized by the Brazilian Sanitary Reform movement. Likewise, it is also the main cause that induces the judicialization of health and this phenomenon has caused difficulties in SUS policies. This is so, because the courts are treading the path of maximizing individual judicial protection to the detriment of collective protection, as well as for disregarding the governing legal norms of public health policies. In view of this, judicial sentences create privileges in accessing the SUS, producing profound inequalities between users and undermining the finances of the public health system. In this way, we dare to suggest a change of course in the judicialization of health, where the judiciary function will prioritize the processing of collective health actions in Courts specialized in public health matters, a model that will ensure ample space for dialectical action for the protagonism of various institutional actors in the process judiciary, especially health secretaries, so that the Judiciary will have the power to adjust its institutional action in line with the fundamental objectives of the Federative Republic of Brazil, starting to issue judicial decisions that reduce the extreme social inequalities in Brazil, as and when necessary. giving effectiveness to public health policies of the SUS.