Judicialização da saúde: a tutela provisória de urgência como instrumento de efetivação do direito à saúde

• Autor(a) principal: Preve, Letícia Elias
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5585
• topic: Judicialização da saúde; Tutela provisória; Direito à saúde

The purpose of this monographic work is to analyze the doctrinal, jurisprudential and legislative understandings about the provisional protection of urgency as an instrument for the realization of the right to health, as well as the possibilities and limits of the judicialization of health. The method of approach of this research is the deductive one, since it is used of doctrinal, jurisprudential and legislative understanding, for effective analysis of the arguments that surround the problem situation. As for the level, the research is exploratory; the approach is qualitative; the procedure used for data collection is bibliographical and documentary. According to the doctrine and jurisprudence, the provisional emergency care has shown its effectiveness in the actions that deal with the granting of medicines or medical treatments, since the patient suffering from the disease starts the treatment more quickly, not having to wait process to satisfy their right to health. Thus, the possibilities and limits within the judicialization of health in the granting of medicines and medical treatments not incorporated in normative acts of the SUS and without registration in ANVISA have remained demonstrated, so that the Superior Court of Justice and the Federal Supreme Court set limits exposing the rules and exceptional cases. It is concluded that the question of the judicialization of health is not simple, since the right to health must be observed, together with the dignity of the human being and the existential minimum, and on the other hand, the reservation of the possible and inexorable shortage financial framework of the State, in which it is not possible to destine every budget for a single individual while it should be destined to all collectivity, it is necessary to have a balance of values. The courts have established an understanding that the reservation of the possible can not be an obstacle to the realization of the right to health, since it is closely linked to the right to life, a much greater legal protection. In addition, it is concluded that in cases of reversibility of provisional protection in actions of drugs or medical treatments, doctrine and jurisprudence understand the author's lack of need to return the amounts earned.