Banca de QUALIFICAÇÃO: Virgínia Medim Abreu

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Virgínia Medim Abreu
DATE: 13/09/2023
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/channel/19%3anqERskchlVoshwmApUXkvZ_4SDUhO_3Am6DTVw4ujG41%40thread.tac
TITLE:

Access to Health and Administration of Constitutional Law: The Interface of the Role of the Judiciary as an Impeditive Factor for the Effective Implementation of Public Health Policies.

KEY WORDS:

access to health; public policy; unified health system, effectiveness.

PAGES: 30
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

When proposing to carry out a critical approach to the role of the judiciary from the perspective of judicial demands in health, we must observe that the Brazilian legal system reserved in its Federal Constitution, in title VIII, which deals with the social order, the chapter of social security, and section II, which deals with health. Thus, art. 196 of CF/88 states that “health is everyone's right and the State's duty, guaranteed through social and economic policies aimed at reducing the risk of disease and other injuries and universal and equal access to actions and services for its health”. promotion, protection and recovery” (BRASIL, 1988). Already the art. 2 of Law 8080, of September 19, 1990, of the Organic Law of the SUS, provides that health is a fundamental right of human beings, and the State must provide the indispensable conditions for its full exercise, consisting of a great advance in establishing the duty of the state entity to provide universal access to health to citizens.

The aforementioned constitutional and infraconstitutional rules lead us to a dispute: the user has his right to access to health guaranteed constitutionally, and the Judiciary acts to guarantee compliance with such devices. Faced with this, is the State, which, due to the decisions conferred on the applicant, needs to pay for the purchase of high-cost medicines and treatments that, on many occasions, do not even have proven therapeutic efficacy, which in turn compromises resources that would be allocated to the planned execution.

Considering the judicial route as the main means of guaranteeing access to health, the justice system is transformed into an alternative mechanism for entering the public health system, which may mischaracterize the principles and guidelines of the Unified Health System (SUS), given , the disorderly growth of lawsuits that deal with the matter in question, imposing unexpected expenses on the budget of federal entities to public coffers.

Thus, it has been an alternative found by citizens for the protection of rights, especially with regard to the supply of medicines, the filing of legal proceedings for their request.

It is important to note that the concern with issues related to judicialization, including the need to guide judicial action, not only on the merits of health claims, but also on their effects related to compliance with court decisions. It is a situation that, given the practical effects of the budget of the related item in public management, needs to be analyzed and deserves to be equally established, since judicial decisions cannot ignore the technical requirements of the medical area and, certainly, cannot neglect the economic and political impact generated, thus relativizing the idea of judicial activism.

Therefore, the importance of the Judiciary as a beacon of deviations committed by the Administration is recognized. That one should only be activated for the granting of health benefits, therefore, when it is silent, that is, as a last alternative. Reflection and consideration lead to the thought of administrative means of enhancing the effectiveness of the right to health.

The active role of the administration, with a view to promoting the objective dimension of social rights, will tend towards a universalization of (sometimes individual) health benefits, thereby eliminating, at least, the problem of unequal and anti-isonomic treatment played by court decisions. Inevitably, there will still be several other problems related to the realization of the right to health, whether through the judicial or administrative channels, always driven by the intention of making fundamental social rights more effective.

This is about demonstrating from the perspective of comprehensiveness, reconciling the form of organization of services, encompassing the knowledge of professionals, users and the community in search of mixing, in the management and assistance plans, the challenge posed today to fundamental rights, which lies on how to deal with the application or effectiveness of these rights among the three dimensions of the right to health, implementing the principle of equity.

Therefore, the intended research is justified considering that the effects arising from the judicialization of health will only fulfill its role of what is foreseen in the constitutional scope and in public policies when its impacts in the sphere of administrative routines do not favor a disorder of benefits, given the small number of beneficiaries, making public policies in favor of the community vulnerable.

COMMITTEE MEMBERS:
Externo à Instituição - LEONARDO LANI DE ABREU - UFAC
Presidente - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Interna - 2729067 - DANIELA MARQUES DE MORAES
Externo à Instituição - DANILO LOVISARO DO NACIMENTO - UFAC