Health is a fundamental right of full and immediate effectiveness inserted in the
constitutionally among social rights, consigning itself to be a subjective public law and
legal prerogative unavailable to all people. However, its implementation and enjoyment
by the citizen, when not offered by the State, imposes the role of the Judiciary. In order
to analyze the impact of judicial decisions on public health policies in the Municipality
of Araguaína-TO, considering the current legislation that deals with the theme, the
jurisprudence and the doctrine of several authors, a detailed study was carried out on
civil proceedings of the 1st and 2nd Courts of Public Farms and Public Records of the
District of Araguaína-TO. The empirical research took place in the sample universe of
640 cases distributed in the years 2017 to 2019. Subsequently, verification of the
processes that had sentences handed down was carried out to identify the treatment
of health demands from the perspective of human rights. Laurence Bardin's content
analysis technique was applied, preceded by graphic representations of the data
obtained in the studied processes. In the records, it was found that data on health
users are considered public, although they refer to information about the patient and
his condition, arising from medical records that are confidential documents. Thus, there
is a need to ensure the fundamental right to privacy of people who demand in the
Judiciary to access public health policies. It is concluded that the demands are decided
on the basis of human rights, however, the jurisdictional provision does not always
reach the material good object of the request. Therefore, the implementation of public
health policies through the judicial process must be rethought to reaffirm the State's
responsibility to fulfill the duty of health care spontaneously. Thus, the institution of the
Center for Conciliation of Health Conflicts is proposed.
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