Saúde em Juízo: uma análise acerca do controle judicial da política pública de saúde durante o primeiro ano da covid-19 no Rio Grande do Norte, com ênfase para as ações com pedidos liminares por disponibilização de leitos de UTI
Considering the various challenges that face the public manager when implementing public policies aimed at achieving universal, full and equal access to health care, this paper examines the performance of the State Justice of Rio Grande do Norte in the control of health policy during the context of...
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| Formato: | bachelorThesis |
| 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/123456789/54113 |
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| Resumo: | Considering the various challenges that face the public manager when implementing public policies aimed at achieving universal, full and equal access to health care, this paper examines the performance of the State Justice of Rio Grande do Norte in the control of health policy during the context of the Covid-19 pandemic, especially the lawsuits with preliminary injunction requests for ICU beds that were processed during the corresponding period between March 2020 and March 2021. From this, we seek to investigate what were the positives and negatives of judicial action to implement of this right in such a challenging time as the chosen time frame. To achieve this goal, this work uses the logical-deductive method, based on documentary and bibliographical research, in addition to a descriptive, quantitative, and qualitative study of the actions analyzed. In all, 292 lawsuits with preliminary injunctions related to public health policy were analyzed, 144 of which were about making ICU beds available, among individual and collective lawsuits and against the State and the supplementary health network. After analyzing each one of these actions, it was possible to conclude that the actions of the Potiguar Judiciary varied according to the matter being judicialized, and that, specifically about the actions for provision ICU beds, it acted more under the perspective of judicial activism, always seeking to expand the reach of the Constitution. Finally, with respect to the demands for ICU beds, it was found that, although it proved to be adequate in certain cases, the Judiciary assumed a mostly inadequate behavior, since the measures adopted in the preliminary injunction had a great potential to negatively influence the dynamics of distribution of ICU beds in an isonomic way among the jurisdictions. |
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