Covid-19 no brasil: Saúde como garantia social e a intervenção judicial em tempos de crise

Translated title of the contribution: Covid-19 in brazil: Health as a social guarantee and judicial intervention in times of crisis

David Mendieta, Meire Furbino, Renato Luis Dresch, Lavínia Assis Bocchino

Research output: Contribution to journalArticlepeer-review

Abstract

Objective: To discuss the role of the Brazilian judiciary in protecting the fundamental rights of life and health, in the face of the exceptional dilemmas caused by the pandemic, highlighting the importance of the public health system and, also, the impact of the COVID-19 health crisis. Methodology: The research methods were documental and bibliographic, with the purpose of understanding the relationship between the public health system and the judiciary, in face of the challenges raised for the protection of health, as a fundamental right, and its exasperation in face of the new coronavirus pandemic in Brazil. It was also sought to analyze the impact of the health crisis holistically and the preventive measures applicable. Results: From the conceptual articulation it was possible to point out that a dialogue between the technical knowledge of the health system and the judiciary is essential, so that the magistrate's interpretation is better subsidized and resolves health demands with greater efficiency, including when dealing with pandemic-related issues. Contributions: It deals with interpretation from a perspective that aims to guarantee and protect the fundamental and human rights of health and life, starting from the need for the insertion of a technical analysis to judicial interpretation. In this sense, it emphasizes the importance of monitoring and researching the public health system in the face of humanitarian crises such as Covid-19. The performance of the Supreme Courts and the necessary interpretation of the legislation is emphasized, in line with the constitutional normative, in order to strengthen legal security in the health system, is emphasized.

Translated title of the contributionCovid-19 in brazil: Health as a social guarantee and judicial intervention in times of crisis
Original languagePortuguese
Pages (from-to)104-139
Number of pages36
JournalRevista Juridica
Volume2
Issue number64
DOIs
StatePublished - 2021

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