A judicialização da saúde e a garantia do direito a saúde na comarca de Augustinópolis de 2015 a 2017

Abstract

The present study aimed to analyze health judicializationclaims and the guarantee of the right to health in the Augustinópolis District from 2015 to 2017. Regarding the methodological aspects adopted in the research, we opted for a descriptive research to characterize phenomenon investigated. Aiming to interpret the judicialization of health in the Augustinópolis District and to treat the statistical data obtained, we used a qualitative approach. In order to carry out the analysis and interpretation of the data, it was initially necessary to present a purely theoretical study based on bibliographic research. Concerning the technical procedures, the research is considered as documentary, since it uses data that have not yet been processed or analyzed. That means, the reports issued by the e-Proc system are primary, thereby generating extremely rich and stable data. From the perfunctory analysis of the 116 (one hundred and sixteen) judicial claims dealing with the right to health in the Augustinópolis District, we found out that, when one substantiates the emergency temporary guardianship or the sentence, one does not use the statements of the Meetings of The Right to Health that serve as a parameter for the interpretation of judicial decisions. We conclude that the right to health, in many cases violated and deniedby the Executive Branch, is somehow guaranteed and effected by the judicialization of health through the Judicial branch. However, so that there is no disconnection to the rules that parameterize the health law, magistrates and juridical advisors would have to be submitted to a theoretical training course with practical activities in Health Law, also having an interdisciplinarity view, because of the importance to understand other sciences for the decision-making process. That means, they should not only pay attention to normative texts, so that there is no disconnection between decisions taken in judicial claims dealing with the right to health and the rules of health law applicable to this type of demand.