A judicialização como estratégia de garantia do direito à saúde: o acesso de uns em detrimento do direito de todos?

Abstract

This research had as main target, to analyze the materialization of health judicialization phenomenon based on the actions of the State Public Defender (DPE), the regional nucleus of Parnamirim / RN, and how this has universally impacted in the right to health and state duty. It is a bibliographic and documentary research, build in the light of historical-dialectical materialism, as the main method of analysis. The choice of this issue was based on the social service non-compulsory internship made at DPE and by the contact with the lawsuits related to health topics. To understand the real situation some categories and concepts were listed, being these: health, rights and judicialization. The social question expressions and other experiences observed in the institution's attendances, raised questions related to the analysis of the health judicialization phenomenon which were listed in this research, essentially with ways to answers to the initial question on the theme: the access of some based on the right of all? The study made feasible the analysis of the challenges and possibilities regarding the health judicialization, emphasizing the phenomenon experienced in Parnamirim / RN, and illustrating this experience in data and numbers. Was noticeable the lack of structure in the Brazilian public sectors, and their impact on Health area; In front of this, is notorious the State negligence and lack of responsibility in its attribution and duty to guarantee health for all. Therefore, it is necessary the urgently state action related to the planning and execution of health policy to avoid the excessive growth of lawsuits in this area, and promote universal access to health, as well as the fulfillment of all the principles of the Brazilian Health Unic System (SUS).