O direito de acesso à justiça efetiva e em tempo razoável e o pacto de San José da Costa Rica na proteção do direito à saúde

Abstract

This research examines the right of access to justice – fair, effective and timely judicial protection – from the perspective of the American Convention on Human Rights, also known as the Pact of San José of Costa Rica, and Brazilian constitutional norms, verifying wether they protected the right to health in order to realize social justice. Furthermore, this study questiones whether this Pact contributed to the protection of the right to health for Brazilians. In other words, this paper investigates if this international treaty contributed to the promotion of the right to health in Brazil by allowing citizens, through the phenomenon of judicialization of public policies, access to fairer and more effective judicial protection.