Igualdade formal e segurança jurídica nas decisões judiciais em ações coletivas para fornecimento de medicamentos: um estudo de casos da Seção Judiciária Federal do Estado do Pará

Abstract

The social rights are in the 1988 Constitution and they are fundamentally ensured by the positive provision and the relation to the constitutional value and objectives to attend the human dignity principle. Formal equality as a constitutional value must be the way to accomplish social rights by the Government. When individuals are of the same judicial position, they must avoid unequal treatment. Public health is a citizen right and it is necessary for a good life, which includes medicament treatment. It is essential for the human cure and recovery to be offered by the Government as a social right obligation. The present study attempts to demonstrate the unequal treatment between the individual and the collective in some judicials decisions in medicaments class action in the Federal Judiciary Section of the State of Para. The technical for this research were to study cases from this particularly Federal Justice that involved medicaments class action during the years of 2011 through 2014. The results brought that the judicials decisions researched partially violated the fundamental social right to remedy assistance. In conclusion, from the point of view of the judicials decisions balance, the social fundamental right to remedy assistance were partially respected when provided it to an individual, but not respected this right when did not provided it to the collective, according to the constitutional positive prescription about the fundamentals rights.