Arguments of procedural actors in health judicial cases in the State of Bahia, Brazil

• Autor(a) principal: Barbosa Ramos, Edith Maria
• Data de Publicação: 2017
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/357
• topic: Judicialização. Argumentos jurídicos. Atores processuais; Judiciary. Legal arguments. Related searches; La legalización. Argumentos legales. Actores procesales.

Objectives: this article deals with the analysis of the factual arguments, principiological, economic, public and procedural management in the judicial cases on health in the State of Bahia in order to know what are the speeches made in the health claims of the author, defendant and judge. Method: Judicial decision-making in the Court of Justice of Bahia and reading of the procedural documents corresponding to the selected procedural actors: initial petition, contestation and sentence in the years 2012 and 2013. Results: 6,339 proceedings were found in 2012 and 1,149 initial petitions in 2013 64 cases were validated, with 8 lawsuits initiated and sentenced in 2012 and 56 lawsuits initiated and sentenced in 2013. Of the 64 validated lawsuits 62 did not obtain support from any type of association and only 2 applicants received association support. The main health care services requested were: 11 purchase of medicines; 11 exams and 10 vacancies in the ICU bed, followed by 5 surgeries; 5 procurement of health products and 5 treatment of health. The most prominent argument was for management issues. Conclusion: the most frequent arguments were the poor management of public policy.