COMPARATIVE ANALYSIS OF HEALTH LEGISLATION AND THE JUDICIALIZATION OF ACCESS TO HEALTHCARE IN BRAZIL AND PORTUGAL
DOI:
https://doi.org/10.22409/3rszbv16Abstract
This study proposes a comparative analysis of health legislation and the growth of the judicialization of access to healthcare in Brazil and Portugal, considering Comparative Law. It aims to understand the magnitude and the pace of this phenomenon in both countries, considering both the public and private sectors. The research involved an analysis of the Constitutions and related legislation, with the purpose of outlining their healthcare systems, as well as documentary research in official databases to survey the number of lawsuits related to access to healthcare. The results indicate that both the Brazilian Federal Constitution and the Portuguese Constitution guarantee the right to health protection. Regarding judicialization, Brazil shows an exponential increase in the number of cases, driven by the public sector and, above all, by the supplementary health sector. In Portugal, in turn, the increase is continuous but stable, with a significantly lower absolute volume.