A responsabilidade civil do estado quanto à má prestação do serviço público de saúde e o ativismo judicial

Abstract

Talking about the quality of the provision of the public health service refers us to the civil responsibility of the State and how our jurisprudence has positioned itself on the subject. For an adequate understanding of how this reality has been presented in the current conjuncture of our country, it was important to weave some historical comments from the days of the Portuguese court in 1808 until the present day, with STF and STJ positions on the subject. Conceived as a fundamental right, health was mentioned at the international level for the first time in 1964, with the World Health Organization and, after a long period of time, came to be regarded as a demandable legal asset, invoked always in favor of the individual, whenever this was denied him. Specific aspects, such as the refusal or omission of the State regarding the provision of the public health service, should be seen from considerations at a macro level, such as a proper analysis of the public budget allocated to this sector. Thus, this work has focused on a critical evaluation of the duty of the State to avoid the harmful result, relying on the fundamental principles of our Major Law. There is no way to avoid contextualizing this issue, which is a secular problem in the virtual environment in which access to information is happening, where the press, the media and social networks are at the service of health, contributing to an optimization of communication in this sector. Finally, the purpose of this article is to find ways to assert the applicability of our Laws, in the sense of defending the greater good of the human being, life, by building a critical knowledge of our public health policy.