THE NECESSARY DEJUDICIALIZATION OF THE RIGHT TO HEALTH Gilmar Ferreira Mendes, Ana Paula Carvalhal, Lucas Faber de Almeida Rosa

Abstract

The judicialization of health is a well-konwn topic of the FederalSupreme Court and presents complex challenges, which gobeyond the boundaries of Law. Since 2007, with the recognitionof the general repercussion of RE 566471 (Theme 6), throughthe Public Hearing held by the Presidency of the STF in 2009within the scope of STA 175, until the recognition of the generalrepercussion of RE 1366243 (Theme 1234), more than 15 yearsof intense jurisprudential development and in-depth technicalstudies. The constant Search for improving the SUS, in opendialogue with the judiciary, leads us, today, to think about newalternatives for resolving conflicts. The time has come to seekthe desjudicialization of the Right to Health.