(De)-judicialization of health public policy in light of the fraternity principle

Abstract

This article focuses on the analysis of the de-judicialization of public policies in light of the fraternity principle. Initially, the perspective of de-judicialization of public policies as a necessary phenomenon of contemporaneity is explored. Then, some considerations about fraternity from a constitutional-legal point of view are made. Finally, in order to verify the functionality of the theory, the de-judicialization of health as an alternative for its realization is explored in light of the fraternity principle as a means to create a dialogic structure that brings to light the public needs and builds health public policies adequate to the local reality. In order to do so, data obtained from the inquiries carried out by the Group of Inquiry “Basic Rights, New Rights and Social Evolution” will be used. Besides, the typical techniques of inductive and descriptive inquiry methodology will be used aided by the typical instruments of descriptive research, such as the preparing and reviewing the legal/documental bibliographic information.