Right to health and judicialization in the municipality of São Caetano do Sul: limits and possibilities for the management of sanitary public policies

• Autor(a) principal: Kolling, Gabrielle
• Data de Publicação: 2020
• Outros Autores: Gomes, Déborah, Pereira, Winicius
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Científica Disruptiva
• Texto Completo: http://revista.cers.com.br/ojs/index.php/revista/article/view/76
• topic: Judicialização da saúde; Direito à saúde; Políticas de saúde; Assistência Farmacêutica; São Caeano do Sul.; Judicialization of health; Right to health; Health policies; Pharmaceutical Assistance; São Caetano do Sul.; Judicialización de la salud; Derecho a la salud; Políticas de salud; Cuidado farmacéutico

The right to health is a topic in different discussions and demands. It is necessary to observe the government's role (between Municipalities, States, Federal District and Union) in ensuring, through public policies, the right to health. Medical claims are susceptible to a wide spectrum of possibilities. Notably, the subjective right to health can be pursued with legal tools, whether to request a pre-existing public provision or implement plans for the provision or specific demands. Thus, a question emerges: what are the financial impacts of the expenses with judicialization of health in São Caetano do Sul and its possible sanitary public policies administration unfolding? This study proposes to analyse the right to health towards the context of judicialization of health in the municipality between 2018 and 2019 and its consequences in public policies management. For this, it was used the bibliographic and documentary review to define the right to health’s core within the context of the Theory of the State, as well as theoretical framework. This is a quali-quantitative study, aiming to map the cases of judicialization and analysis. It was found that, due to the expressive number of judicial decisions determining the concession of health services, public and budgetary policies are reorganized, compromising the organization of resources from several municipal sectors.