Afonso, Túlio Augusto Tayano2024-10-142024-10-142024BRAGA, Vannessa Garcia de Almeida do Vale. O direito à saúde, as políticas públicas e a judicialização como garantia do direito fundamental a saúde. Goiânia (GO), 2024. 84 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2024.http://repositorio.unialfa.com.br/handle/123456789/450The study on the fundamental right to health, public policies, and the judicialization for the provision of medications seeks to question the effectiveness of the Judiciary's role in Brazilian public health policies for users who need these medications. In Brazil, this right is constitutionally guaranteed and has a universal character, covering everyone, yet the judicial route is frequently used to access these rights. The central objective is to analyze the growth of judicial demands, the rulings to safeguard fundamental rights, and the public budget expenditures required to comply with them. Specifically, the study aims to understand, in addition to the Judiciary's role in safeguarding the fundamental right to health and the effectiveness of judicial decisions, the governmental budget allocated to fulfilling these obligations. The methodology employed is bibliographic research, prioritizing the search for theoretical concepts and content to enhance the study. This theoretical framework will be sought from government and Judiciary websites, as well as scientific articles and books by renowned authors within the field of Constitutional Law and fundamental rights. It concludes that when considering the judicialization of health, there are both positive and negative aspects, reflecting the complexity of the challenges to be faced. On the one hand, it can represent a mechanism for access to justice for individuals seeking to guarantee their fundamental rights in the face of state inefficacy. On the negative side, it overloads the Judiciary and burden the public budget. Keywords: Right to Health, Economic Constitutional Law, Public Policies, Judicialization.ptPoder judiciárioPolíticas PúblicasDireito à saúdeJudicialização