Application of civil processualistic optics to the right to health: an analysis of legal institutes and challenges faced

uma análise dos institutos jurídicos e desafios enfrentados

Abstract

The present article aims to realize an analysis of application of civil procedural institutes in the judicial demands related to the right to health, using as a main parameter the search for effectivity and celerity, principles respected in the Código de Processo Civil de 2015. Through bibliographic research, as well jurisprudential and legislative research, the work makes a short principiological and historical presentation of the guarantees ensured by the legal system to the theme, in addition to analyze the instruments used by the jurists in resolution of judicial cases related to the question. It was necessary to face the performance of Judiciary, as the challenges arising in reason of the interference of the courts in matters that, at first, doesn’t represents its competence, as well as to show useful procedural elements to observe the goals of the adjective law and promote legal certainty, mainly by standardizing jurisprudence and using precedents with binding force.