Social justice and health: judicial control of public politics
Keywords:
Judiciary Branch, social justice, public health, Constitution of 1988, judicialization of politics.Abstract
The purpose of this research is to understand the achievement of the rights to public health in Brazil through the Judiciary Branch. Our hypothesis is that the constituient political actors in 1987-88 have assigned greater political power to the Judiciary Branch, turning it into a veo player, able to suspend the decisions of local executives and change the legislative status quo. Aiming the accomplishment of this research we will evalute the sentences produced by the Justice Court of São Paulo to understand the content of the decisions made by the judges that managed to make efective the rights to public health. We will show how the judicial control of public policies harms the universal social rigth to públic health, although, at the same time, ensure the ideal of social justice defended by the Constitution of 1988.Downloads
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