Analysis of the Judicialization the right to health, Underfunding of the sector and Public Policy: A Case Study in the State of Alagoas

• Autor(a) principal: Macêdo, Dartagnan Ferreirra de
• Data de Publicação: 2015
• Outros Autores: Ataide, João Antônio da Rocha, Costa, Antonio Carlos Silva, Souza, Waldemar Antonio da Rocha de, Santa Rita, Luciana Peixoto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Administração de Roraima - RARR
• Texto Completo: https://revista.ufrr.br/adminrr/article/view/2949
• topic: Right to Health. Judicialization. Public Health Policies. Health Financing. Public Administration.; Direito à Saúde; Judicialização; Políticas Públicas de Saúde; Financiamento da Saúde; Administração Pública

The judicial demands related to the requirement of the compliance of the Universal Right to Health in accordance with the Federal Constitution of 1988 have increased in recent years. It also accounts that the public financing for the sector is insufficient to cover the scope of the Constitution due to the budget limits for the implementation of health policies. This article aims to analyze the process of judicialization of health, noting the implications and impacts on public administration, and specifically for the management of public policy. Therefore, a qualitative research was organized through case study, analyzing the data regarding to the judicialization and the expenses of the Health Department in the State of Alagoas (SESAU). An evolution of judicial requests has mainly been related to the access to medications through actions from the Public Defender´s Office and the Public Prosecutor's Office with expenditures exceeding $ 100 million between 2009 and 2014. Thus, despite attempts to minimize the impact generated with the creation of an interinstitutional core aiming to mitigate the effects of judicialization, it is necessary to implement health public policy for the community and evaluate the efficiency and effectiveness of existing ones. However, the underfunding and ineffective management of the Unified Health System (SUS) are highlighted as main causes that block the implementation of alternative solutions.