A Contribuição do Fórum Nacional do Judiciário para à saúde (FONAJUS) para a democratização dos processos de saúde

Abstract

The main objective of this article is to highlight the main actions of the National Forum of the Judiciary for Health (FONAJUS) in the democratization of health processes based on the rationalization of judicial decisions. It is known that the judicialization
of health is a phenomenon that emerged on the national stage due to two important movements. The first was the recognition of the Right to Health as a Fundamental Social Right in the Federal Constitution of 1988. The second was the rise of judicial activism in Democratic States of Law, particularly in Western States, where the Judiciary started intervening in public policies with the aim of ensuring the realization of Fundamental Rights. These two movements contributed to an increase
in health-related litigation in Brazil, prompting the National Health Council and the Federal Supreme Court to address this issue and seek to rationalize the effects of judicial decisions across the country. Among the various measures taken, the National
Forum of the Judiciary for Health was established to guide and coordinate actions within all courts nationwide. The methodology employed in this study was hypothetical-deductive, starting with the general hypothesis that there has been a growing number of health-related lawsuits and measures implemented to address or mitigate the consequences of these lawsuits, and exploring the relationship between these actions and the creation of FONAJUS. Through a review of relevant literature, national texts, and related legislation, this article aims to demonstrate the importance of FONAJUS in the democratization of health demands.