A judicialização da saúde e a desarticulação governamental : uma análise a partir da audiência pública de saúde realizada pelo Supremo Tribunal Federal
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Dissertação
Date
2014-08-05
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Authors
Brito, Patricia Ribeiro
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Bucci, Maria Paula Dallari
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Journal ISSN
Volume Title
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Duarte, Clarice Seixas
Werner, Patricia Ulson Pizarro
Werner, Patricia Ulson Pizarro
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Direito Político e Econômico
Abstract
Judicialization in Brazil is a recent phenomenon and can be summarized as a way to achieve the health care needs through judicial decisions. Due to the large number of lawsuits involving public institutions with budget and administrative repercussions of broad scope, the Federal Supreme Court, in 2009, convened the 4th Public Audience on Health to discuss the phenomenon of judicialization of health, particularly in access to drugs, its causes and consequences, and also as legitimacy for its decisions. The greater political participation of the judiciary in the protection of fundamental rights is a product of the Brazilian constitutional model, and it is inevitable. Although, judicialization could be understand as confrontation with the executive and legislative branch. This confrontation is perfectly harmonized with democratic and republican principles, and contributes to its improvement. The dialogue and the integration should be the link between the State towards fulfillment of social rights, especi lly the right to he lth. After the Public Au ie ce of He lth, there w s t a change in the p tter of ecisio s of the Superior ourts, s it s evi e t th t the effect of ju ici liz tio can reflect mismanagement in access to drugs and public underfunding of national health policy, secondary to government disarticulation. An inclusive institutionalization of Brazilian society is the way to face old and new challenges with efficiency and lower public spending for achieved the social right in health.
Description
Keywords
direitos sociais , políticas públicas , judicialização , desarticulação governamental , audiência pública da saúde , acesso aos medicamentos , social rights , public policies , judicialization , government dislocation , public audience on health , access to drugs.