Controle judicial da política pública de vigilância sanitária: a proteção da saúde no Judiciário

Abstract

The 1988 Constitution of the Federative Republic of Brazil has given health a fundamental social right status and also has created a centralized health system called SUS which is responsible, among other subjects, for health surveillance services. In Brazil, actions and health services are created and implemented as public policies. Those are government actions and programs supported by laws that have been stimulating lawyers to speculate about the subject, notably because of numerous court decisions in public policies, especially those with a social character. In Brazil, health surveillance is jurisdiction of federal government through the National Health Surveillance Agency (Anvisa). This agency in order to implement public policies in health surveillance enforces acts to regulate such activities. However, such acts are often challenged in court. In order to determine if Judiciary decisions takes into account Health Law / Not Health law Niklas Luhmann's binary system or simply ignores the subject resulting in sentences based on other sources but Health Law and health surveillance public policy. The conclusion was that Federal Judiciary has decided mostly in favor of health, although not much experienced in public health matters they are influenced by health surveillance and health hazard notions.