HEALTH JUDICIALIZATION AND PRAGMATISM

Abstract

The article deals with the so-called judicialization of health care, focusing on the current trend of the courts to solve the cases by applying a simple logical syllogism, in which the major premise is the right to health care, and the minor premise is the plaintiffs need. The article argues that, as result of this simplistic methodology, the solutions presented go against the principle of isonomy and causes negative externalities in public policy itself. Then, a pragmatic view is proposed that does not make the system unfeasible and meets the principle that causes everybody should be treated equally.