Administração pública e implementação de políticas públicas no Brasil: a tensão entre as funções do poder executivo e do poder judiciário na efetivação do direito à saúde: a busca dos critérios adequados constitucionalmente

Abstract

This work is centered on the study of judicial review of public policies, especially the public health policies. Inquire about the establishment of criteria constitutionally adequate control.

The supply of medicines (and treatment) by the Executive, object of constant litigation. In general, it becomes a problem to the Executive, or by inefficiency of the State (in case of

failure of the lists) or by acceptance of drugs not on the lists, generating exacerbated cost the public budget. However, the inherent variable research, It is the need for affirmation of the

judiciary, through the implementation of social demands. So that, the increasing judicial intervention is faced with the roots of so-called Democratic State of Law, because there is

interference, often linked to the realization of an individual right to health, jeopardizing prospects macrojustiça. Given this, too, notes the progress of late-modern individualism,

which opposes the proposed rule. Therefore, there is the research, the business of doi