A judicialização da saúde no município de Pelotas no ano de 2012: aproximações iniciais

Abstract

This study has as main objective to characterize the behavior of the Judicial Power regarding the demand for medicaments in the city of Pelotas instated in the State Courts in the second semester of 2012. This research was structured upon a literature review, where we attempted to observe the behavior adopted by the Brazilian judiciary and its implications in public health policies. The data were obtained through analysis of judgments issued by the State Courts in order to identify whether there is interference from the Judiciary in relation to the access to medicines in the city of Pelotas, trying to rescue awareness of the judges of this district about the National Drug Policy, checking whether the medicines pleaded are inserted in the official lists and if that produces any legal consequence to the detriment of the right to health that is part of the right to life itself. Starting from the evoked rights it was extremely important to analyze what are the criteria adopted by the Judiciary in granting or not the pleaded medicines and finally be able to note the implications of judgments in the National Drug Policy in Pelotas. Among the obtained results, the research demonstrated that the Judiciary is bound to the law itself, the letter of the law, disregarding, in most cases, the existing health public policies