Judicialização da saúde: uma análise a partir dos assistentes sociais inseridos na rede hospitalar pública do município de Aracaju-SE

• Ano de defesa: 2019
• Autor(a) principal: Andrade, Regiane Freitas do Nascimento
• Orientador(a): Santos, Vânia Carvalho
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Serviço Social
• Palavras-chave em Português: Serviço social; Política de saúde; Saúde pública; Ação judicial; Neoliberalismo; Judicialização da saúde
• Palavras-chave em Inglês: Health policy; Judicialization of health; Neoliberalism; Social service
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL
• Link de acesso: https://ri.ufs.br/jspui/handle/riufs/14027

The trajectory of health policy in Brazil is marked by a process of political mobilization and was embodied, as a right, from the 1980s, with the Brazilian Federal Constitution of 1988 and subsequent laws, such as Law 8.080/90. On the other hand, the 1990s marked the process of counter-reform in the Brazilian state through neoliberal policy, which hit severely the social area, especially with regard to social policies. In this sense, the present health context presents recurrent situations marked by the lack of effectiveness of rights guaranteed by law. This research aimed to analyze, from the perspective of social workers, the strategy of the judicialization of health for the claim of rights within the public hospital system of the city of Aracaju-SE. The study goes through the analysis that this strategy shows a deadlock between the guarantee and the denial of these rights, because, although it constitutes a possibility for achieving the effectiveness in the access to health goods and services, it acts in a punctual way, not causing deeper and more structural changes in health policy. This is an empirical research, with an exploratory nature and a qualitative approach, whose analysis is based on dialectical historical materialism. The research was based on the analysis of bibliographic and documentary sources, besides the technique of semi-structured interviews with social workers inserted in the public hospital system of the city of Aracaju-SE, and the sample consisted of 17 interviewees. The data constructed based on the documents of the Câmara de Litígios da Saúde da DPE-SE reveal that the judicialization of health in this city stems from needs ranging from high to low complexity, which follow a national trend and corroborates the fact that the neoliberal structuring policy has profound consequences for the maintenance of basic and essential services in the SUS. Regarding the perspective of social workers on the subject, it was observed that most of them understand it as a legitimate strategy for the claim of rights, but they did not identify which factors are behind this process in the current conjuncture. The research subjects declared themselves as one of the main agents that guide users to resort to health judicialization, confirming the commitment of this professional with the users’ rights, regardless of whether this process points to a weakness in health policy. Regarding the impacts of the judicialization of health on the professional exercise of the social worker, most interviewees did not identify such aspects, evidencing the need for these professionals to have spaces of reflection that enable the understanding of reality beyond its immediaticity, leading to the analysis of capitalist contradictions and its impact on their work processes. It was concluded that, although the judicialization of health is a legitimate and extremely important alternative in the guarantee and maintenance of rights within the SUS, it was found that it operates in a certain superficiality with punctual and often individualized resolutions of collective health problems.