Entre o Periculum In Mora e o Fumus Boni Iuris: a judicialização do acesso aos serviços de saúde enquanto expressão das contradições do capital nas ações do Estado brasileiro
The present study adresses with the paradoxes that surrounding the phenomenon of health judicialization in Brazil, in the current context of the Unified Health System (SUS), seeking to apprehend and analyze the effects of court decisions issued in the years 2015 and 2016 by the Special Civil Cour...
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Formato: | Dissertação |
Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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Endereço do item: | https://repositorio.ufrn.br/handle/123456789/33008 |
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Resumo: | The present study adresses with the paradoxes that surrounding the phenomenon of health
judicialization in Brazil, in the current context of the Unified Health System (SUS), seeking to
apprehend and analyze the effects of court decisions issued in the years 2015 and 2016 by the
Special Civil Court of the County of Caicó / RN, against the municipality of Caicó / RN relating
the obligation to do or to give in terms of procedures or inputs in health and its impacts on the
planning of services and municipal public budget. Its purpose was to map and analyze the
effects of this judicialization in the scope of health planning, forecasting and budget
programming based on the reality of the Municipal Health System of Caicó / RN, with the
perspective of analyzing the potential of fulfilling the social function of justice to the to
prosecute the right to health. From the methodological point of view, we conducted qualitative
exploratory documentary research, examining legal proceedings whose object is to guarantee
the realization of the right to health, filed in the Special Civil Courts of the Comarca of Caicó /
RN referring to the years 2015 and 2016, whose decisions are public domain. We then analyze
the Priorities defined in the Annual Plurianual Health Plans (PPA), and the corresponding
Annual Health Program (PAS); Annual Budget Laws, Budgetary Guidelines Law and the
Reports of the Public Health Budget Information System (SIOPS) and in the Summary Reports
of Budgetary Execution of the years 2015, 2016 and 2017, in order to identify if there was a
relation between the object of the sentences against the municipality and the impacts on
planning and budgeting in health. Bibliographic research permeated the entire study. In this
sense, it prioritized the technique of content analysis, even when we examined quantitative data.
The result of the research reveals among the set of requisitions for access to consultations,
exams, surgeries, supplies, procedures and services presented by SUS users in the municipality
of Caicó, which have become judicial lawsuits, most of them are lawsuits related to medicines.
And, of the drugs 75% (seventy five percent) are insufficiently offered drugs. These are users
served by programs that require continuous use of medicines, provided for in the National Drug
List (RENAME) and in the Municipal Drug List (REMUME) in force in the Municipal SUS. It
is concluded that, although foreseen in the Plans and Annual Health Programming, the priorities
and defined goals are not adequately dimensioned. They were underestimated. And, mainly,
that the forecast in the Plans, are not accompanied by the allocation of the necessary resources
for the effective implementation of the envisaged goals. Thus, when justice determines
immediate care to users who represented judicially, management, who did not make adequate
budget forecast spends the resource withdrawing from other actions failing to meet other
patients with other demands and even with similar demand to the sentence. Even if considering
the victims of judicial decisions, the repetition of the problems the following year, indicating
that the management does not use the sentences as an indicator to incorporate in the PAS and
LOA needs detected in order to make adequate prediction to avoid new lawsuits for the same
problems. |
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