JUDICIALIZATION OF HEALTH: CONTINGENCY RESERVE AND BASIC HUMAN DIGNITY
DOI:
https://doi.org/10.5380/ce.v26i0.76406Keywords:
Judicialization of Health, Right to Health, Unified Health System, Public Policy, NursingAbstract
Objective: to analyze cases of judicialization of health, describe their outcome and discuss the repercussions of the legal decisions for health care and the Unified Health System. Method: a case study, carried out from May to July 2020, in the websites of the Court of Justice of Rio de Janeiro - Brazil, Regional Federal Court of the Second Region and Superior Court of Justice. The analysis was based on the theory of contingency reserve and basic human dignity. Results: four cases about judicialization in health were identified, which were characterized as a mechanism for guaranteeing labor rights, evidencing the need for more efficiency in the public policies to improve access to health. Final considerations: the dilemma between human life and economy emerged in the legal decisions, and judicialization presented itself as a mechanism for guaranteeing rights. It contributed to the discussion about lawsuits in health and about the low ability to serve people with complex needs.
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