A Judicialização da saúde pública

Abstract

This research presents an approach on the Judicialization of Public Health, whose research question is whether there are limits in the duty of the public power to offer health services, the general objective of the work is to analyze, firstly, the duties of the State to guarantee all access to health and if there are limits to this duty, and if violated, who should resort to it and the specific objective, first, is to compare the history of public health before and after the Federal Constitution, then differentiate the terms "duty" and " power ", to analyze the constitutional principles of universality, integrality and gratuitousness, the duty to provide health services by the public power, the Federal Constitution and Law 8080/90, which regulates the Unified Health System, delimit the responsibility of the Union , of the States and of the Municipalities in relation to offer in public health and to evaluate the judicial demands, according to data issued by the National Council of Justice. The. The issue is justified by the recent decrease in resources in the area of public health, the constant refusals of medium- and high-cost medication by the SUS, the annual limitation of medium and high complexity surgeries, the lack of hospital beds, among others. others, has increased the number of lawsuits to force public power to fulfill its duty to offer health care. The present work used as an analytical method, applied research, explanatory, qualitative and descriptive. We did not use people search.