Banca de DEFESA: Leonardo Campos Soares da Fonseca

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Leonardo Campos Soares da Fonseca
DATE: 15/12/2025
TIME: 15:00
LOCAL: Sala da Pós- A designar
TITLE:

THE RIGHT TO HEALTH, REGULATION, AND PRECEDENTS: ANALYSIS OF THE PRECEDENTS ESTABLISHED IN THEMES 6 AND 1234 BY THE SUPREME FEDERAL COURT AND THE STRUCTURING SOLUTION FOR THE JUDICIAL CONTROL OF THE RIGHT TO HEALTH IN RELATION TO ACTS BY ANVISA AND TECHNICAL HEALTH BODIES.

KEY WORDS:

KEY WORDS: Right to health; Regulation; Judicial precedents; Judicialization of health; ANVISA; STF; Techical bodies. General repercussion;

PAGES: 270
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis examines the Federal Supreme Court’s deployment of a form of structural judicial review in its landmark rulings in Themes 6 and 1234, concerning the fundamental right to health and the regulatory actions of ANVISA and other specialized health-care agencies. The 1988 Federal Constitution inaugurated Brazil’s Social State paradigm, entrenching a broad catalogue of social, economic, and cultural rights. Among these, the right to health—constitutionally framed as an affirmative State obligation grounded in the principle of human dignity—occupies a central position. Within this constitutional architecture, the Unified Health System (SUS) serves as the institutional locus for the realization of this right, guided by the principles of universality, comprehensiveness, equity, decentralization, and participatory governance.Yet persistent fiscal constraints significantly impede the State’s capacity to design and implement public policies capable of guaranteeing full and equitable access to health services. These constraints have fueled the exponential growth of health-care litigation, raising complex questions about the appropriate role of courts in shaping public policy and overseeing specialized regulatory bodies. Against this backdrop, this Article analyzes how the Federal Supreme Court has crafted structural remedies in Themes 6 and 1234—cases that concern judicial mandates for the provision of medicines and medical treatments—to mediate the relationship between courts, regulatory agencies, and technical experts. The analysis reveals a notable alignment between the Court’s structural precedents and the subsequent policy choices of regulatory agencies and technical bodies. This correlation underscores the importance of judicial deference to technical expertise as a condition for the effective implementation of systemic remedies in the health-care domain. Ultimately, the Article argues that strengthening institutional coordination between the Judiciary and regulatory or technical authorities is indispensable to safeguarding the fundamental right to health, advancing human dignity, and developing more balanced solutions to tensions between individual entitlements and collective needs. Such coordination, in turn, is essential for the construction of more coherent, sustainable, and socially equitable public health policies.

 

COMMITTEE MEMBERS:
Externo à Instituição - CARLOS AUGUSTO PIRES BRANDÃO - UFPI
Externo à Instituição - FLÁVIO JAIME DE MORAES JARDIM - IDP
Externo ao Programa - 1115497 - JORGE OCTAVIO LAVOCAT GALVAO - nullInterno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Presidente - 2149902 - TARCISIO VIEIRA DE CARVALHO NETO