SAÚDE, JUDICIALIZAÇÃO E PATERNALISMO NO ESTADO SOCIAL EM CRISE

The text addresses the phenomenon of health judicialization in the brazilian social state. It aims to analyze the particularities of the right to health in public policies and the phenomenon of judicialization, caressing brazilian public health policy, the relationship between inefficiency and justiciability of rights, and critically addressing the behavior of the Judiciary. It has a predominantly qualitative methodology, which relies on bibliographic and documentary research techniques. From the study carried out that health, as a social right, must be concretized through public policies, in the face of the inefficiency of the State in effecting the right to health, the Judiciary is provoked to reestablish constitutional authority. Having analyzed the judiciary's conduct in cases involving the right to health, it is clear that it interferes in essentially political matters, such as the public budget and the choice of priorities within public health policies. It is concluded that voluntary action does not positively stimulate the implementation of the welfare state, but rather violates democracy and the separation of powers, since decisions of a political nature are taken in the judicial sphere, characterizing an illusory and inconsequential paternalism.