Judicialization of Health and Control Transference on the Body

Abstract

Current investigation reveals the relationship of Power that prevails from health judicialization. The belief that texts may solve Brazilian social problems, especially public health, was hopefully inserted in the 1988 Constitution. All problems would be solved. However, due to the non-efficiency of the government in the case of the National Health System (SUS) founded in 1988 in giving health attention to the people, several requirements have reached the courts. Authorized to tutor society, the Courts places itself in a position to warrant social rights. However, this trend, frequently occasioned by the inertia of government departments and other beliefs in the social transformation power of the law, hides a highly pernicious power relationship. The Courts take control of the body of the person who may live or die according to the free convictions of the magistrates. The only power concentration that the Courts failed to reached fell with the 1988 Constitution and with the movement for the judicialaization of health.