Judicialização da saúde à pessoa idosa : blogue informativo sobre judicialização da saúde

• Ano de defesa: 2018
• Autor(a) principal: Butrus, Angélica Gurgel Bello
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Medicina; Programa de Mestrado Profissional em Gerontologia; UFPB
• Palavras-chave em Português: Idoso; Judicialização da saúde; Direitos da saúde; Elderly; Judicialization of health; Health rights; Personas de edad; Judicialización de la salud; Derecho a la salud; CNPQ::CIENCIAS DA SAUDE
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/14631

Introduction: The elderly person has the right to assert and claim medical treatment and/or hospital to the public to ensure their right to health of immediate effectiveness applied whenever necessary as a fundamental social right. The object of relevance, the right to health of the elderly person has deserved to be explored both in professional practice and academic, by a significant number of lawsuits claiming prostheses, orthoses, medicines and medical treatment in that their relatives or caregivers have been worth the Judiciary to coerce the administration to fulfill that contemplates the Constitution and the Statute of the Elderly, characterizing the judicialization of health. Objectives: To identify the scientific production on the process of judicialization of health for elderly people; highlight the administrative requests for surgery of fractures in elderly people from the Public Ministry and propose a informative blog about Judicialization of health in the elderly person, to be made available to the Commission in Defense of the Rights of the Elderly of the The Association of Lawyers from Brazil in the State of Paraiba. Method: This is a retrospective, cross-sectional and documentary study of a quantitative approach, developed in the Public Ministry of Paraiba, located in the municipality of João Pessoa, generating two scientific articles and a proposal for a blog for orientation of the elderly person. Results: The first article identified a total of 22 articles in the three databases chosen those presented possible answers to the question: 11 articles were found in the SCIELO; Portal of Journals of Capes, and 8 articles in the Journal of the Courts online, only 3 articles. In relation to the periodic reviews of greater propensity to publications on health judicialization, it is noteworthy the ConJur Journal (N=1) and the Public Health Magazine (N=2). However, the journals with the scientific scope directed to publications related to public health (N=7) were more numerous than those related with the legal sciences. The second article sought to highlight the administrative requests for surgery of fractures in elderly people to the Public Prosecutor representing 35 processes, in that the applicant was a physical person; of these, 22 authors were females; most unmarried women, with 14 cases. It is noteworthy that in 4 cases, this information was not found, with an average age of 73.4 years old. The third step presents content of an informational blog about Judicialization of Health in the elderly person to be provided in the Standing Committee on the Rights of Older People in the OAB/PB. Conclusion: Therefore, presents a panel about the phenomenon of judicialization of the right to health, showing evidence that this process is consolidated and tendentious to growth before the current scenario of social, political and economical crisis that plagues Brazil. Stresses the importance of this topic on health judicialization for guidance to the population, in particular the elderly person and of health professionals who, for many times, does not know to whom recourse when faced with a disregard to a duty or breach of the law.