The primacy of collective judicial protection of the right to health Samira da Costa Fontes, Adriana Fátima Santos, Marcelo Lamy

Abstract

This study focuses on the primacy of collective protection of the right to health over individual protection. The aim is to demonstrate that this priority was established in the new procedural law, because it lists as a duty of the judge to notify those entitled to promote collective action. It aims to demonstrate that the veto to art. 333 does not overshadow the leading role of the collective process, to the extent that the possibility of invoking collective protection, so necessary for social rights, which include health, remains.