Health Judicialization: Challenging the Effectivation of the Fundamental Guarantee

Abstract

The theme of this article is The Judicialization of Health: Challenging the Effectivation of the Fundamental Guarantee. The following problem was investigated: "Does judicialization cause injustice?" The following hypothesis was considered: "It is not injustice to the extent that the State does not offer health effectively." The overall objective is to "Demonstrate the leading cause of judicialization." The specific objectives are: "Investigate the sector most affected by the lack of care"; "Examine the State as a guarantor of rights"; "Demonstrate the reasons of judicialization". This work is important from an individual perspective because of the number of people dead awaiting emergency health care; for science, it is relevant because it provokes the perception that investing in emergency care is essential to reduce judicialization; It adds to society for the fact that such a premise saves lives, the most valuable asset within the legal system, essential for the Democratic Rule of Law. This is a theoretical qualitative research lasting six months.