A judicialização das políticas públicas de saúde: obtenção de medicamentos por via judicial
This work is dedicated to fostering analysis and reflection on the intriguing problem of the possibility and necessity of the Judiciary intervene in full health guarantees. The right to health, the right to set up here pharmaceutical care is provided in Brazilian law as a fundamental right in thi...
| Autor principal: | PELEJA, Ludimilla Dayara Pacheco |
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| Grau: | TCC |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Oeste do Pará
2024
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| Assuntos: | |
| Acesso em linha: |
https://repositorio.ufopa.edu.br/jspui/handle/123456789/1467 |
| Resumo: |
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This work is dedicated to fostering analysis and reflection on the intriguing problem of
the possibility and necessity of the Judiciary intervene in full health guarantees. The
right to health, the right to set up here pharmaceutical care is provided in Brazilian
law as a fundamental right in this way deserves due attention. The study was
performed using the deductive method, by means of literature. And above is an
approach to historical affirmation of human rights internationally, and fundamental
rights under the Constitution, but specifically the right to life and the principle of
human dignity; also analyzes the creation and consolidation of the Unified Health
System, its functions, powers and the supply of drugs as well as those involved in the
complex phenomenon of Health Judicialization in the provision of pharmaceutical
services. This phenomenon has been understood as a provocation and the role of
the judiciary in determining compliance with and enforcement of that provision. The
following arose: separation of powers, existential minimum and reserve for
contingencies; and will be analyzed criteria for when the judge compel the State to
provide certain drug to the individual; and must do so with caution in order not to
harm the Constitution and the constitutional legislation. |