O direito à saúde em tempos neoliberais: a judicialização da saúde como estratégia para a garantia de direitos?

Abstract

This study proposes a critical reflection on the judicialization of health as a strategy for ensuring the right to health. Brings reference to the right to health in the Constitution of 1988, to be considered fundamental social right, thus forming a duty of the state, but universal and equal access to actions and health services to all citizens be assured, regardless of their social status. However, what is observed within the neoliberal context is that the right to health is not being respected in fact, resulted in an increasing number of lawsuits as a means of access to treatment. In the health sector, judicialization has been gaining strength in recent years, with the judiciary increasingly interfering in matters that, at first, would be the purview of the executive and legislative powers, and the role of enforcing rights. The survey was conducted in the municipality of São João Nepomuceno, with professional legal institutions, with the municipal health secretary, as well as the users of the Unified Health System (SUS) in order to understand whether the legalization of health was able to secure the right to health by the Federal Constitution of 1988. Given the above, the theme "judicialization of health" and the object "judicialization of health as a strategy for ensuring the right to health" become relevant to the discussion of the direction of a democratic public health policy today.