Challenges

Abstract

The paper aims to demonstrate the importance of contributions of law and economics for the health’s judicialization phenomenon in cases of filing of individual lawsuits, on the pretext of consecration of the fundamental right to health, culminating disregard for specific policies for the care of the greatest possible number of patients, materialized by Clinical Protocols and Therapeutic Guidelines PCDT. In this context, it is understood that the legalization of conflicts generated causes the formation of “anomalous” policies in that result from the judiciary. The analysis mentions a survey conducted by the State Department of Health of Paraná - SESA/PR during the years 2010 and 2014 and shows the strong mo-netary impact of judicial decisions on the public budget for public health. Through the deductive method facilitated by the literature review and the presentation of judgments, we seek to emphasize the importance of the economic analysis of law for the effective promotion of access to the fundamental right to health, in contrast to the scenario of strong judicial interference.