Judicialization as a means of realizing the right to health: water supply and sewage treatment in an unregulated area in the municipality of Guarujá/SP Elder Quirino da Silva Batista, Renata Salgado Leme

Abstract

From the perspective of Brazilian constitutional law, every person is entitled to life and human dignity, and these rights give rise to the rights to universal public health and basic sanitation. Although there is a goal of achieving universalization of these public services in Brazil, several regions and localities classified as irregular settlements are victims of government neglect and do not receive these basic and essential public services. However, if these rights are provided for and government neglect is confirmed, the possibility arises of instigating the Judiciary to analyze the negligent conduct of the government. Although the limits of the Judiciary's actions regarding public policies are currently being discussed, given the need to observe the convenience and opportunity of public administration, the adjudicating body will have to analyze the matter and weigh its decision so that the administrative neglect of the government is prevented. This article presents a case that occurred in the city of Guarujá-SP, in which, through a lawsuit filed by a residents' association of an irregular settlement, after recognizing the inertia of the public authorities, the right to basic sanitation was granted regardless of the lack of land regularization. This is, therefore, a good example of the correct and necessary judicialization of health. The methodology used was exploratory, through doctrinal research, case law, and data analysis on basic sanitation in Brazil.