A judicialização da saúde: plataforma estratégica para o acesso a mais saúde e promoção de direitos humanos no estado do Tocantins

Abstract

This dissertation investigates the access to health care with a focus on the phenomenon of legalization of the right to health care from the legal, philosophical, sociological and educational perspective, which show the necessity of unveiling its causes for the protection of the dignity of life and the adequate promotion of human rights. The continued practice of filing lawsuits without first having access to the proper executive power can cause political, economic, social and legal impacts, given the constraint of budgetary resources in the face of human needs, which are unlimited. The working guidelines are anchored on the constitutionalisation of new rights and the increase in the number of lawsuits seeking the effectiveness of public health care policies. However, due to the neoliberal globalization, the weakness of public institutions and the absence of a state action plan which cause the desagregation of forms of sociability and human desolation that result mostly in the absence of minimum social services required to human dignity and the impossibility of democratic participation in discussions concerning the public interest. The work methodology focuses on theoretical study, resulting in the investigation of the interdisciplinary content with a legal, philosophical, sociological and educational approach (Luis Roberto Barroso, Michel Foucault, Jürgen Habermas, Boaventura de Sousa Santos and Paulo Freire). These theoretical connectors have rearranged data to the re-establishment of new platforms in order to minimize the legalization of health care and repolitization of the emancipatory knowledge. The results of this study highlight the need for democratic parameters that bring the Judiciary closer to the community, since the revolution of justice passes through the democratization of the judicial system and society. If the role of the modern state became insufficient for mediating social conflicts, it is up to the Judiciary to assume its share of responsibility and facilitate the constructive dialogue to restore harmony between the branches of government in order to assist in the reformulation of the social and political contracts which Boaventura de Sousa Santos calls the ecology of knowledge in an effort to give consistency to the epistemology of critical knowledge.