Análisis de la judicialización de las políticas de salud pública estatales frente al derecho constitucional a la salud.

This legal research work titled "Analysis of the Judicialization of State Public Policies in Relation to the Constitutional Right to Health" examines the phenomenon of the judicialization of the enforcement of public health policies as a constitutional right of citizens, its influence on the effectiveness and fulfillment of the right to health, and its implications for the formulation and implementation of public policies. Health, recognized as a fundamental right in the Constitution, represents a state obligation that must be guaranteed through a system of universal, equitable, and quality access. However, the gap between this constitutional mandate and the reality of health services has led to an increase in judicialization, generating tensions between the judiciary and the executive, as well as challenges to the sustainability of the health system. This study provides a comprehensive view of the phenomenon of the judicialization of the right to health in Ecuador, highlighting both its strengths and limitations. Judicial decisions, although necessary to guarantee individual rights, must be compatible with the sustainability and equity of the health system. Thus, this research not only aims to expose the problem but also to propose legal and administrative recommendations that allow for harmonizing the guarantee of fundamental rights with the collective citizens to judicially demand the fulfillment of their fundamental rights, including access to health services. The growing judicialization of the right to health in Ecuador is part of a broader regional phenomenon, where countries such as Brazil and Colombia have also faced similar dynamics due to the inability of health systems to guarantee the coverage and quality demanded by the population. While this process is necessary to correct state failures, it presents significant challenges for public policy planning and the equitable distribution of resources. The general objective of this research is to analyze how the judicialization of public health policies influences the fulfillment of the right to health, evaluating its impact in terms of effectiveness, equity, and sustainability. To this end, the study explores the Ecuadorian legal framework, the impact of judicial decisions on policy-making, and the tensions between the protection of individual rights and the collective priorities of the health system. The methodological approach adopted is qualitative, allowing the phenomenon to be analyzed from a legal, social, and administrative perspective. The research is based on a descriptive design, to detail the legal framework and judicialization cases; explanatory, to explore the causes and effects of this phenomenon; and socio-legal, to uKeywords: Health System, Public Health, Right to Health, Equity, Sustainability, Public Policies, Judicialization of a Right.nderstand the interaction between judicial decisions and public policy. The methods include documentary analysis and the review of landmark judicial cases. Among the techniques used are the analysis of court rulings, interviews with experts in constitutional law and public health, and the study of public policies affected by judicial decisions.priorities of the system. The historical background of the topic dates back to the promulgation of the 2008 Constitution, which introduced a paradigmatic shift by recognizing Ecuador as a "constitutional state of rights and social justice." This framework strengthened legal protection mechanisms, such as the protection action (acción de protección), allowing

• Egile nagusia: Villanueva Altamirano Jonathan Sebastián (author)
• Formatua: bachelorThesis
• Argitaratua: 2025
• Gaiak: SISTEMA DE SALUD; SALUD PÚBLICA; DERECHO A LA SALUD; EQUIDAD; SOSTENIBILIDAD; POLÍTICAS PÚBLICAS; JUDICIALIZACIÓN DE UN DERECHO.
• Sarrera elektronikoa: https://dspace.ueb.edu.ec/handle/123456789/8590