JUDICIALIZAÇÃO DO DIREITO À SAÚDE: Breve análise da demanda na cidade de Uruaçu/GO entre 2010 a 2020

Abstract

This article aims to analyze the demand for judicialization of the right to health in the city of Uruaçu/GO between 2010 and 2020. According to the Federal Constitution of 1988, based on article 196, “access to health is everyone's right and duty of State". The problem that arises, in this context, is linked to the non-guarantee of the right by administrative means, requiring the filing of an action for this purpose. Therefore, in the face of State Inertia and the growing demand for actions of this nature, the expression, judicialization of health emerged, which is the search by the Judiciary to solve issues related to the administration of medicines or health treatments that were administratively denied by the Direct Administration, namely , Union, States, Federal District and Municipalities. In the meantime, much has been discussed about the responsibility of the Entities in health care and has currently been pacified through the extraordinary appeal 855.178/SE that the responsibility between the Federative Entities is solidary and not subsidized. However, the guarantee of this right comes up against the principle of reserving the possible that serves as a counterweight to limit exorbitant claims, but it needs to be emphasized that it does not prevent the guarantee of the existential minimum. In addition, a methodology used was applied research. In addition, it was used to ensure the level of depth of the descriptive study. In addition, the qualitative and quantitative approach used to survey the demand for judicialization of the right to health was also applied. Furthermore, the technical procedure used was bibliographical research. At the end of the study, it corroborates that the municipality of Uruaçu/GO, even without the Public Defender's Office, is supported by the Public Ministry of the State of Goiás, through the 1st Public Prosecutor's Office. It appears that when the Public Prosecutor's Office is called, it has occurred, there is an attempt to resolve it through administrative means and, in view of the excuse of the State Entity, the action is filed through judicial channels.