A (Im)penhorabilidade dos bens públicos e as ações de obrigação de fazer no âmbito do direito à saúde

Abstract

Public goods, regardless of type/species, are governed by guaranteeing immunity from seizure. However, the courts of Brazil began to relativize the guarantee of immunity from seizure of these goods when necessary for the realization of the right to health. This article aims to analyze how the homeland precedent is diminishing the guarantee of immunity from seizure of public property as coercive means to compel the State to effect the right to health. To this end, we started the work conceptualizing and characterizing the public property and the right to health, and finally, how and under what arguments the precedent is diminishing the guarantee of immunity from seizure of public property.