Legal certainty and precedent system: study through the right to health João Pedro Júnior Rios, Natalie Maria de Oliveira de Almeida, Artenira Silva e Silva

Abstract

This work aims to analyze the precedent system through health as a hard case, considering an advance in relation to the number of demands in court in search of the realization of this right, being possible to notice discrepancies in the treatment given to these. To this end, a bibliographic, exploratory and evaluative survey was carried out, obtained in different databases and indexers, published in full in Portuguese and accessed free of charge from January 2019 to May 2021, in order to clarify the importance of the right to health, based on the idea of freedom in Amartya Sen. Thus, it was found that decisions that deal with health and are contradictory or omitted contribute to an uncertain and insecure justice system. It was possible to conclude that the uniformity and equality ensured by the system of precedents helps to avoid the impersonal behavior of judges, linking future decisions to the behavior already obtained by the courts in relation to the demands already discussed, allowing the ideal of development proposed by Sen to be reached.