THE JUDICIALISATION OF HEALTH

This book the result of the master''s degree work in Jurisdictional Provision and Human Rights of the Graduate Program and Human Rights of the Federal University of Tocantins in partnership with the Tocantins School of Magistracy Brazil investigated access to health focusing on the phenomenon of judicialization of the right to health. The methodology focused on the qualitative method via analysis of interdisciplinary theoretical connectives with a legal philosophical sociological and educational approach. The results highlighted that this phenomenon stems from the constitutionalisation of new rights the increase in demands for justice the expansion of constitutional jurisdiction and neoliberal/biopolitical globalisation. This by defending the rationality of the market supplants the rule of law and politics itself and consequently weakens democracy public institutions and social health services. This scenario requires the projection of new skillful mechanisms that repoliticize emancipatory knowledge and economic development aimed at the social well-being of present and future generations. The conclusion was that the Brazilian Judiciary must assume its share of responsibility