Expansion of the judiciary in the Brazilian public health system

Abstract This study addresses the history of and interpretations made by the Brazilian Supreme Court in its judgments when intervening in the Brazilian Public Health System to make it more effective. Research was carried out on the Supreme Court’s jurisprudence database and fourteen rulings were highlighted. It was observed that the basis for intervention in the Health System was its very deficiencies and the constitutional guarantee of health services, and that the lawsuits have become more complex, requiring more detailed reasoning and adherence to new theories by the Supreme Court. The intervention covered not only access to health goods, but also other aspects related to the management of the Brazilian Public Health System. In general, the stance of the Supreme Court was affirmative, aiming not only to support the decision, but to establish rules for the future. It is concluded that judicial intervention in public health system should not only be maintained, but intensified.