A sistemática da aplicabilidade do Tema 1234 do Supremo Tribunal Federal à luz do princípio da razoável duração do processo

Abstract

This article analyzes the systematic applicability of Theme 1234 of the Supreme Federal Court (STF) in light of the principle of the reasonable duration of the process, aiming to identify whether the new interpretation adopted by the STF contributes to ensuring effectiveness in the provision of jurisdiction or, paradoxically, imposes obstacles that delay access to the fundamental right to health. The research uses the deductive method, through bibliographic and jurisprudential analysis, added to doctrinal considerations. It appears that, although Theme 1234 has the purpose of rationalizing the judicialization of health and jurisprudential standardization, from a factual point of view, the applicability of the thesis formulated by the Supreme Court has imposed excessive formalism, causing slowness and hindering quick access to judicial protection, especially for disadvantaged litigants. Given the above, it is concluded that the application of the thesis established in Theme 1234 must observe a proportional hermeneutics appropriate to the specific case, reconciling legal certainty with the protection of the fundamental right to health, in line with Sustainable Development Goal No. 3 (Health and Well-Being) of the 2030 Agenda of the United Nations (UN), as well as guaranteeing the reasonable duration of the process, since it is essential to the litigant.