ENTRE A URGÊNCIA E A SEGURANÇA JURÍDICA: A TUTELA PROVISÓRIA NAS DEMANDAS DE SAÚDE NO TRIBUNAL DE JUSTIÇA DE MATO GROSSO DO SUL

Abstract

This final course paper aims to analyze the application of provisional remedies and the challenges faced in health-related lawsuits in the Court of Justice of Mato Grosso do Sul (TJMS). Furthermore, judgments related to the topic, issued by the Court, were analyzed, seeking to understand how it balances the urgency of the fundamental right to health with legal certainty and the sustainability of public policies, especially in light of the impositions of the Code of Civil Procedure (CPC), highlighting the complexity inherent in the phenomenon of the judicialization of health. Finally, it is concluded that the TJMS has sought to improve its jurisprudence, aiming to ensure adequate protection of the right to health, without disregarding the management of public policies and the stability of the current legal system.