JUDICIALIZATION OF HEALTH IN BRAZIL

A DIALOGUE WITH FRIEDRICH MÜLLER'S METHODICAL STRUCTURING LAW

Abstract

This article aims to construct a descriptive hermeneutic model that focus on the demands related to the judicialization of public policies in Brazil, based on the conceptions of Friedrich Müller and his constitutional methodical structuring law. The work uses the content analysis methodology of legal texts, judicial decisions and administrative guidelines, which over time have established parameters applicable in actions that deal with the validity and extension of health policies in our country. The study establishes the factual and legal premises for the gradual confrontation of public health issues by the judiciary, aiming to demonstrate that the fundamental right to health is concretized in the moment of the judiciary decision and requires transparency and security in this operation, highlighting as crucial the aspect of technological development, responsible for the constitutional dynamism, while at the same time risking the dehumanization of the system.