Direitos sociais e judicialização da saúde: experiência da Defensoria Pública do Estado do Tocantins

Abstract

The present Course Completion Work (TCC) emerged from a scientific initiation research that I was inserted, was financed by CNPq through pibic, and in the current monograph its general objective is to analyze the implications of the judicialization of health as a social right in the Public Defender's Office of the State of Tocantins, in addition to seeking to understand the meaning of health policy from the perspective of users of the DPE, in addition, to know the determinants that justify the lawsuit to guarantee health as a social right, given that this occurs, due, as a hypothesis, to the poor execution of public policies by the state of rights Socially in force. However, to cover the theoretical study referring to the nature of judicialization and the importance of social rights that evidence norms legitimized by the Federal Constitution of the year 1988, in addition to presenting the authors who discuss the two axes of the theme of the respective research to be addressed. The methodology adopted was based on a qualitative assessment, based on the application of interviews and document analysis. The research results show the importance of the judicialization of health for the active pole, even understanding that the impacts exist and at the same time that it is a tool for the defense of social rights to health for its execution, it can negatively imply since the judicial delay leads to the worsening of the user's clinical condition.