Judicialização da saúde e objetivos de desenvolvimento sustentável: Agenda 2030 e atuação do Poder Judiciário brasileiro na efetivação do direito à saúde

Objective: This research analyzes the fundamentality of the right to health in the Brazilian Constitution of 1988 and the subsequent phenomenon of judicialization, covering the evolution of the concept of development and the Sustainable Development Goals (SDGs): the 2030 Agenda. The right to health is considered essential to guarantee dignity and quality of life for the population, so that the state's failure to comply with these ends up giving rise to recourse to the judiciary. Methodology: As a research strategy, a documentary and bibliographic survey was used, collected through selected sources, with analysis of decisions of the higher courts. The research also used articles published in journals and online publications, accessible free of charge and in Portuguese with high stratification, capable of studying the theme of the judicialization of health and development. Results: the incompleteness of the 2030 Agenda, legislative omission and difficulty in managing health on the part of the executive branch have led to an exponential growth in legal demands in health, and have begun to demand quick and efficient responses from the institutions of the justice system due to the very nature of judicialized law. Conclusion: It can be inferred that positive and/or negative provisions of the state's duty regarding the implementation of health, including compliance with international agreements such as the 2030 Agenda, are essential and the ineffectiveness of government action resulting from possible failures justifies access to the judiciary in order to ensure this fundamental right, providing the phenomenon of judicialization. Submission: 10/01/24| Review: 10/09/24| Approval: 10/09/24