This paper analyses the implementationof the Health Law as a way of establishing
the fundamental right to health. The guarantee of the right to health, recognized by
the national constitution, is an issue with repercussions throughout the world,
especially in Brazil where the state does not provide access to a public health system
with dignity for its citizens, despite the predicted provision of universality in the
planning and regulation of the National Health System (Sistema Único de Saúde). A
dichotomy is created between the norm and the reality experienced by the people in
need of the public health system. At the core of the study is the analysis of the right
to health as a fundamental social right not being carried out satisfactorily by the state,
thus culminating in the implementation of the Health Law. This paper focusses on the
discussion and examination of ways to improve access to health, in relation to the
implementation of the Health Law. Thus, what this paper seeks is not to present a
miraculous solution for the shortcomings of public health, but a better alternative of
judiciary power to address the problems created by the inefficiency of public health,
and consequently the implementation of the Health Law, through the transformation
of one of the courts of Public Office into a specialized court to deal with fundamental
rights, especially the right to health, providing citizens with an adequate and dignified
judiciary service.
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