Solidarity responsibility of federal entities for the obligation to provide health service and prohibition of the call to the process: legal and economic analysis of the understandings of STJ and STF

Abstract

This article deals with current jurisprudential understandings on the responsibility of federal entities for the provision of health services in Brazil and its procedural consequences. The Principle of Solidarity is related as the foundation of the Cooperative Federalism and its meaning is confronted with the solidarity obligation, legal category conceptualized in the Civil Code. The material consequences of the decisions are verified, combining the economic approach with the criterion of justice, in order to evaluate the need for revision of the understandings and adoption of legislative measures, in search of the maximization of results.