Abstract
This study has the goal of analyzing the excessive use of judicial provision when it comes to the realization of the right to health, including the problems arising from it. To do so, it will be used an exploratory and descriptive study, based on bibliographical, documentary, legislative and ju risprudential research, with analysis of Brazilian and inter national reference works, jurisprudence and the law. There will be presented, in theory and in practice, alternatives ai med at the same purpose of implementing the fundamen tal right to health, although they are sesitive to the limi tations arising from the separation of powers. Therefore, there will be presented theories of institutional dialogues as theoretical tools for the Judiciary’s willingness to recog nize their technical and institutional limitations, together with the formulating powers of public policies, to find so lutions to accomplish social rights without affecting the balance between the powers. At last, a practical example is verified, proving the applicability of the ideas raised in the research: the case regarding the implementation of Centers for Technical Support to the Judiciary (NAT-JUS), in which interinstitutional dialogues are promoted within the judicial process.
Keywords:
interinstitutional dialogues; right to health; Centers for Technical Support to the Judiciary; dialogue theories; separation of powers