O liberalismo igualitário como fundamento de demandas individuais na judicialização da saúde

Abstract

The purpose of this study is to demonstrate the possibility of filing individual actions for the postulation of benefits, such as medicines, treatment and supplies, in addition to the public policies established within SUS, with egalitarian liberalism as a theory of justice adequate to support this understanding In our legal system. To do so, we indicate John Rawls's theory as sufficient to support this consideration. We believe that the reading of Rawls's theory should not be read exclusively with an individualistic connotation, but especially with regard to the protection of individuals in the cooperative society, with the SUS functioning as one of the most important institutions of the basic structure of society. We argue that the SUS must be applied not only by equal but, above all, equitable access, and that society must face not only the financing of the health system, but also the management and corruption problems responsible for affecting our revenues. We highlight the positions taken by the Supreme Court in the judgment of individual actions postulating benefits beyond the SUS and the precedents that are being established to solve the phenomenon of health judicialization. We also highlight the role of the CNJ from the National Forum of Judiciary for Health, so that the Courts of Justice could optimize the procedural management and the solution of the cases.