A judicialização e a gestão das políticas públicas: Um estudo sobre as demandas judiciais que pleiteiam o fornecimento de medicamentos do poder executivo municipal de Caçador/SC

Abstract

This study deals with the question of the intervention of the Judiciary in the public policy of pharmaceutical assistance through the actions that require the supply of medicines of the Municipal Executive Powers. It addresses the concept and particularities of one of the major ramifications of the right to health represented by the obligation to provide drugs to citizens, with analyzes on the form of financing and aspects of this policy that contribute to the phenomenon of judicialization. It presents some points for the bias of the Executive Power, related to the management of the public machine, which in the view of the managers are worthy of consideration by the judges. It verifies the existence of measures adopted in the State of Santa Catarina and in the Municipality of Caçador to minimize the problems that make the citizens to resort to the judiciary.. With a field research in the city of Caçador / SC, it is verified, through documentary analysis, how the jurisprudence conformation occurs and brings a panorama of the judicialization in the Municipality with notes that can assist the managers in the conduct of this policy, through a joint and collaborative action with other bodies.