JUDICIALIZATION OF HEALTH: THE PATH OF THE JURISDICTION TO EXPERIMENTAL TREATMENT Fernando Aragone, Lígia Maria Comis Dutra

Abstract

This article deals with the topic of the judicialization of health in the search for the jurisdiction of a drug or treatment in an experimental phase, a complex issue given the legal good at stake: life. To address this issue, it was necessary to draw a comparative of the judicialization of health and the constitutional principles involved, dissecting it in order to find a solution to issues involving drugs or experimental treatments, punctuating errors and correctness of the judiciary in weighing principles when judging the issue, both in the public and private spheres in cases where the search for cure through a treatment of dubious effectiveness may expose the life at risk, the legal good in question to be protected.