Lit??gios estruturais e o direito ?? sa??de: o caso da fila das cirurgias ortop??dicas de alta complexidade do Estado do Cear??

• Autor(a) principal: Faria, Priscila Teixeira de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2736
• topic: Direito ?? sa??de; Lit??gios estruturais; Structural injunctions; Right to health; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The research aims to discuss and demonstrate the insufficiency of procedural techniques designed from the individualistic perspective of the civil process to solve problems that orbit the sphere of bureaucratic structures underlying the proper realization of fundamental rights and their related public policies. The recognition of this new social and legal reality gave rise to the need to study so-called structural disputes, which require adequate procedural techniques for their reality and particularities, in order to ensure the provision of effective judicial protection of rights. From the observation of the reality of the demands involving the right to health, whose judicialization is still a phenomenon that is still on the rise, there was a picture of inadequacy in the jurisdictional solutions obtained, either in the space of ordinary jurisdiction or in the context of constitutional jurisdiction, in reason, mainly, of the fact that the processing of these demands occur in the core of individual processes, which follow a different logic. It was noted that the individual demands involving the right to health, which were increasingly judicialized, were not receiving a satisfactory response from the ordinary and constitutional jurisdiction, since the judgment of actions that discuss essentially collective law using bipolar and individualistic procedural instruments did not result in improvement. Therefore, the methodological choice for the concrete case study is therefore effective.