Judicialização da saúde: alternativas do município de Canguçu diante da busca por medicamentos através do judiciário

Abstract

ABSTRACT: Included in the thematic fields of Access to Justice and the Health Law, the present Dissertation has as its object of study an initiative found in the town of Canguçu, RS, materialized through an agreement between the executive and the judiciary powers. Such initiative is presented as an alternative able to favor the provision of health law, as an essential social right, in the scope of provision of medicine for the population, with gains in terms of budget management, agility and transparency. Thus, it is a relevant object to be studied, due to its potential to confront issues such as the growing process of health judicialization, in their ambiguous consequences. The research consisted of a case study, preceded by theoretical constructions concerning the concepts of Access to Justice and Health Law; the referential of Boaventura de Sousa Santos, through the categories of regulation and emancipation, complements the theoretical grid that both defines the analysis as well as enables identifying potentials and limitations in the studied agreement. As results of the research we highlight the agreement potential to contribute for a change of paradigm in the relationship between the state powers, as well as make the service more effective and provide transparency in the dynamics of service for the demands for medicine; their limits are in the scope of a bigger participation of other actors in the democratization of social policies management, such as the Municipal Council of Health itself. It is, however, an initiative to be considered, especially concerning its improvement, due to the fact that the agreement has been implemented as an instrument which clearly brought positive aspects for the Access to the policy of medicines, both for the public power as well as for the society, and it can be replicated (with the appropriate improvements) in small and medium-size cities, where the provision of the service is more centralized in less departments, let it be said, as in most of the Brazilian cities.