Judicialization of Health in Brazil: Challenges and Limits in Contexts of Scarcity Renato dos Santos Gama, Renato Braz Mehanna Khamis

Abstract

This article examines the impact of the recognition of the right to health in the 1988 Constitution and the increase in judicialization in Brazil. With data showing an increase in public spending due to judicial decisions, the research analyzes the budgetary and structural challenges of this trend, in addition to the limits of judicial activism. The COVID-19 pandemic has highlighted the complexity of judicialization in situations of scarcity, raising critical questions about the role of the Judiciary in allocating health resources, the legitimacy of judicial interventions in crises and how judicialization can coexist with administrative discretion, questioning the separation of powers and the effectiveness of health policies.