The judicialization of health: the role of the judicial branch in signaling the need for development and implementation of public health policies

ABSTRACT The present work had the purpose to analyze the limits and possibilities of the magistrate's performance in signaling the need for development and implementation of public health policies in lawsuits involving the health theme. From a sociological and functional perspective, it presents the performance of the magistracy, refining the research to indicate the representativeness of sentences in the 1st District Court of Valença, and, finally, to analyze the profile of the legal subjects that demand judicial protection. It aims, with that, to construct parameters for data analysis and indicators that can be made available as a tool for action by health management institutions and users of the system as a whole, as well as to present improvements in the Court of Justice of the State of Rio de Janeiro. Therefore, the scope is to work the right to health as an example of a fundamental right, from the perspective of Human Rights and, analyzing the municipality of Valença and the judicialization of health that occurs in it, seek to understand and suggest mechanisms for reducing social inequalities and vulnerability of human groups through the provision of services/treatment in the public health network that meet the principles of equality and universality.