ATIVISMO JUDICIAL E JUDICIALIZAÇÃO DA SAÚDE: IMPACTOS DA PANDEMIA DE COVID 19 NO JUDICIÁRIO BRASILEIRO

ACTIVISMO JUDICIAL Y JUDICIALIZACIÓN DE LA SALUD Y ANTES Y DURANTE LA PANDEMIA DE COVID 19

Abstract

Introduction: At the beginning of President Janir Messia Bolsonaro's government, the Constitution Amendment was promulgated 95/2016, which froze public spending for 20 years, thus limiting the already tight budget for health to 15% of the current net revenue, which is the sum collected by the government, less transfers mandatory provisions of the Constitution. This article deals with the activist performance of the judiciary in the face of realization of the fundamental right to health, given the budgetary limitations of public health. Objective: to analyze the phenomenon of judicial activism and the legitimacy, limits and possibilities of the judiciary in the search for realization of the right to health. Methodology: it is a bibliographic review, of qualitative character, of literature, doctrines, laws and similar jurisprudence, available in the databases of BDTD (Biblioteca Brazilian Digital of Theses and Dissertations); Plataforma Sucupira, SciELO (Scientific Electronic Library Online); CONPEDI; LexML Brasil; GlobaLex; CAPES Thesis Bank and the TJDFT portal. Results: In the period of the study, 528 judgments were recorded; 2,238 appellate class judgments; 3 Incident judgments repetitive demands - IRDR; 44 Case law reports and 129 case law on the TJDFT theme, totaling 2,949 processes dealing with health matters. Conclusion: Faced with the inertia of the executive and legislative power, the judiciary, provoked by popular claims has been acting in an activist and proactive realization of fundamental rights, creating a movement of judicial citizenship, a stance supported by its function prescipates to ensure the effective fulfillment of the constitutional statements, however with excesses, crashing the competence that was conferred by the Constituent Power.