Recognizing the public right to healthcare: The approach of Brazilian courts

Abstract

This paper considers aspects of the judicialization of health care policy in Brazil. It discusses the issue in the context of the separation of the powers of government, judicial pro-tection of the public right to healthcare, the so-called "tech-nical administrative discretionary prerogatives," and finally, the need for a budget to provide for the efficacy of court decisions. To further the analysis of Brazil's treatment of the judicialization of politics this paper also compares Brazil's experience with the experience of other countries witness-ing the same phenomenon.