The subject proposed to be addressed consists of a sad social reality, which must
always be brought to the fore to enable it to be debated and ways to reduce the
current illness seen in Brazilian public health be created. The constitutional norm
guaranteeing health as a state duty is already 33 years old, since it was regulated by
the 1988 Constitution, regulated by law 8080. The problem to be researched is
verified when the judicialization of health, regarding the distribution of medication,
reaches the Municipal Management, given that every time there is a judicial decision
the Municipality is obliged to comply, otherwise it may suffer severe financial
sanctions with daily fines that would affect him even more. With this, the guiding
question of the research permeates How do judicial sentences related to obtaining
medicines change the normal processes of access to public health in municipalities?
Thus, to obtain an answer, the research will use as a universe the judicial demands
in disfavor of the municipalities of Belém and Ananindeua and the form of data
collection will be through consultations in the public farm court of the State of Pará,
with the intention of enriching what is discussed here. through quantitative data of the
lawsuits directed against these municipalities that deal with health care, in particular,
the supply of medication. For this, the research will be based on two methods for the
elaboration of this study. It will use characterization as a method to robustly
demonstrate the issue of the judicialization of health. This time, it will use essentially
bibliographical research, making up the current relevant legislation, as well as the
vast doctrine that encompasses several thoughts on the subject that will be
discussed and its confrontation with current jurisprudence. This means that the study
will be based on the understanding of the Brazilian courts to form a better conviction
on the topic addressed. And in the same way, it will base its research on the
quantitative method, which through the data collected, in the period from 2019 to
2021, in 190 demands for lawsuits in disfavor of the researched entities, will
demonstrate the consequences of the judicialization of health in the municipal
management of the municipalities of Belém and Ananindeua, in order to achieve the
general objective of this work, which is to analyze the phenomenon of the
judicialization of health, in the Municipal scopes, in addition to the following specific
objectives: to elaborate a timeline demonstrating the different phases related to the
judicialization of health in Brazil; Discuss the changes in the management of the
municipalities in question in view of the judicial sentences related to medicines; and
to summarize how the phenomenon of judicialization of health in the municipalities of
Belém and Ananindeua impacts those users of the public health service who only
seek to be attended in an administrative way.
|
