Judicialization and its Role in Effecting the Right to Public Health

Abstract

The right to health in Brazil is still a challenge. We observe the phenomenon of the health judicialization, understood as the intervention of the Judiciary to guarantee the population rights. This study aims to analyze the judicialization of the public health right in the municipalities located in the East Metropolitan Region of São Paulo – SP, Brazil. Secondary data were taken from the judgments from São Paulo State Court (TJSP). For trend analysis, the number of cases per municipality was raised over a period of 10 years, and for in-depth analysis, the judgments of the year 2015 were read. As results, there was an increasing trend in the number of lawsuits involving the Unified Health System in last 10 years. No relation was observed between the number of inhabitants and the number of processes in the municipality, nor was it observed a relation between the number of processes and municipal expenditures with public health. Although 94% use free justice, nearly half of the authors hired a private lawyer to represent them. The main request is for medications and the main disease associated with the action is Diabetes Mellitus. Conclusion: Judicialization can guarantee this right, but it cannot corroborate for the implementation of the principles of universality, equity and completeness. Changes in the Public and Budgetary Policies of the Municipalities, States and the Union and a better understanding of Public Health by the Judiciary, are necessary.