A judicialização da saúde e o impacto orçamentário em municípios de fronteira internacional

• Ano de defesa: 2023
• Autor(a) principal: Mergener, Solange de Fatima Carbolin
• Orientador(a): Carvalho, Manoela de
• Banca de defesa: Rizzotto, Maria Lucia Frizon
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual do Oeste do Paraná; Foz do Iguaçu
• Programa de Pós-Graduação: Programa de Pós-Graduação em Saúde Pública em Região de Fronteira
• Departamento: Centro de Educação Letras e Saúde
• País: Brasil
• Palavras-chave em Português: Direito à saúde; Financiamento; Ações judiciais; Políticas públicas
• Palavras-chave em Inglês: Right to health; Financing; Lawsuit; Public policy
• Palavras-chave em Espanhol: Derecho a la salud; Financiamiento; Acciones judiciales; Políticas públicas
• Área do conhecimento CNPq: CIENCIAS DA SAUDE::SAUDE COLETIVA
• Link de acesso: https://tede.unioeste.br/handle/tede/6959

The judicialization of public health is an extremely important issue in the implementation of social rights, a question of citizenship, which is linked to the fundamental right to life, provided for in the Federal Constitution of 1988 (CF-88) as a right of all and a duty of the State. The judicialization of health involves extra costs with consequences on the previously planned financial budget allocated to serving the population of the Unified Health System (SUS), which is limited. Aiming to analyze the judicialization of public health and the financial impact on the municipalities that are part of the 9th Health Region (RS) with legal actions to the detriment of public health, with an emphasis on Foz do Iguaçu/PR, the only medium-sized municipality and headquarters of the 9th RS. A descriptive documentary study was developed based on secondary data obtained from the website of the National Council of Justice (CNJ), in the period from 2020 to 2022. The data showed that the majority of legal actions were filed to obtain access to the goods and services incorporated into the SUS. Medicine was the health technology most sought after through the courts. The financial impact of favorable legal actions totaled approximately R$ 19,448,343.34 (nineteen million, four hundred and forty-eight thousand, three hundred and forty-three reais and thirty-four cents) during the study period. Ophthalmology and oncology were the most judicialized medical specialties in 6 of the 8 municipalities studied. It is concluded that the judiciary, far beyond controlling public policies, is guaranteeing the right to access to goods and services promised and incorporated into the SUS, due to failures in delivery by one or more responsible federative entities. Since individual rights are inviolable and essential for guaranteeing human dignity and individual freedom, their implementation does not overlap with the community's right to access healthcare. The counterpoint to the judicialization of public health begins with municipal management with health promotion actions and implementation of public policies that meet the needs of the local population and extends to other federative entities that have the obligation to deliver services and products in accordance with established competence and agreed.