Direito à saúde na área de neoplasias: entendimentos doutrinários a partir de ementas selecionadas do Tribunal de Justiça do Estado do Rio Grande do Sul

• Autor(a) principal: Quevedo, André Luis Alves de
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Sanitário (Online)
• Texto Completo: https://www.revistas.usp.br/rdisan/article/view/178613
• topic: Right to Health; Judicialization of Health; Jurisprudence on Health; Neoplasm; Public Health Policy; Direito à Saúde; Judicialização da Saúde; Jurisprudência em Saúde; Neoplasias; Políticas Públicas de Saúde

The judicialization of health has been a growing phenomenon in the Brazilian scenario. Thus, the objective of the present study was to understand the doctrinal understandings of the Court of Justice of the State of Rio Grande do Sul in relation to the right to health, especially about neoplasms. This is an empirical study, using a qualitative approach, from January 2019 to March 2020. A search was carried out on the Court of Justice of the State of Rio Grande do Sul website, in order to identify lawsuits related to the right to health, especially on neoplasms. Data collection was carried out in April and May 2020, which resulted in 344 files of cases judged in the second instance. The criterion for selecting the collected empirical material was data saturation. Themes such as: health as a social right, the right to life and the dignity of the human person; right to health versus the idea of an existential minimum and the reserve of the possible; right to health versus budgetary and financial principles; right to health versus the principle of separation of powers; right to health versus the responsibility of federative entities; and, the right to health, the Consumer Protection Code, moral damage and civil responsibility appear. The findings of this study demonstrate that even with the specificities of neoplasms such as severity, urgency and transcendence), these do not differ from the doctrinal understandings that have been produced on the right to health.