A (des) necessidade de tutela jurisdicional a fim de acesso aos serviços de internação hospitalar no Brasil

Abstract

This research deals with access to hospitalization services in the Brazilian State, interpellating from access to the right to health, as well as looking for the judiciary to seek hospitalization. The research has as main objective to analyze the knowledge on access to the right to health, and discuss specific objectives on access to public health services of hospitalization, and the use of judicial protection for the defense of this right. The study made use of literature (scientific books and articles) and documentary (legislation and case law) that comes from the issues raised, published between the years 2005 to 2014, concluded that the hospital is the State's duty and right to those who need serving judicial protection as a means to attain this right, when someone is injured or threatened in finding their right to health.