AMICUS CURIAE AND THE JUDICIALIZATION OF HEALTH: JURISPRUDENTIAL PERSPECTIVES FROM THE RIO GRANDE DO SUL COURT OF JUSTICE

Authors

• Anderson Carlos Bosa
• Nathália de Castro Hernandez

Abstract

Starting from the possibility of the procedural intervention of the amicus curiae, as well as examining some aspects of the right to health and the phenomenon of its judicialization, this study aims to analyze the possibility of the intervention of the amicus curiae in cases involving the right to health judged by the Rio Grande do Sul Court of Justice. In this conjecture, it seeks to answer the following question: what is the position of the Rio Grande do Sul Court of Justice regarding the intervention of the amicus curiae in demands related to the right to health? For this purpose, the hypothetical-deductive method will be used, starting from abibliographic and jurisprudential research, the latter being carried out on the website of the Rio Grande do Sul Court of Justice. The work begins with a study of some milestones of the figure of the amicus curiae; then, it goes through a brief contextualization of the right to health and its judicialization; and finally, it analyzes the jurisprudence of the Rio Grande do Sul Court of Justice regarding the possibility of intervention of the amicus curiae in health demands. In the end, it concludes that the Court has a restricted position regarding the participation of this institute in processes involving the right to health.