Judicialização de políticas públicas e análise econômica do direito: estudo acerca do impacto das decisões do judiciário paraense nos gastos orçamentários da Secretaria de Saúde Pública do estado do Pará

Abstract

This master's dissertation proposes a study about the impact of the decisions of the Paraense judiciary on the budget expenditures of the Public Health Secretariat of the State of Pará. It aims to analyze the decisions of the Paraense judiciary to implement public health policies and their impacts on spending. Pará State Department of Public Health, in the light of Richard Allen Posner's theory of economic analysis of law. The Right to Health is enshrined in the Constitution of the Federative Republic of Brazil as a fundamental right, being the right of all and the duty of the State. The problem is of great importance in the actual implementation of fundamental rights, not crediting the right to health programmatic character, but subjective law, therefore can be argued in court. In this sense, the emphasized question is how the decisions of judicialization of public health policies impact the budget of the Public Health Secretariat of the State of Pará, analyzing their consequences from the perspective of Posner's Economic Analysis of Law. To this end, the research is divided into three sections. Initially, we explored data from the State Department of Public Health of the State of Pará, then analyzed the judicialization of public health policies, and finally turned to the Economic Analysis of Law. Thus, we sought the concreteness of the data to analyze the facts.