Judicialização do direito à saúde na encefalopatia crônica não progressiva no Rio de Janeiro

• Ano de defesa: 2023
• Autor(a) principal: Espíndula, Nathalia Letícia Souza Oliveira
• Outros Autores: [e-mail]
• Orientador(a): Carvalho, Eloá Carneiro
• Banca de defesa: Costa, Cristiane Maria Amorim, Souza, Norma Valéria Dantas de Oliveira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade do Estado do Rio de Janeiro
• Programa de Pós-Graduação: Programa de Pós-Graduação em Bioética, Ética aplicada e Saúde Coletiva
• Departamento: Centro Biomédico::Instituto de Medicina Social Hesio Cordeiro
• País: Brasil
• Palavras-chave em Português: Direito à saúde; Judicialização da saúde; Sistema Único de Saúde; Paralisia cerebral; Acesso ao tratamento
• Palavras-chave em Inglês: Right to health; Health judicialization; Unified Health System; Cerebral palsy; Access to treatment
• Área do conhecimento CNPq: CIENCIAS DA SAUDE::SAUDE COLETIVA
• Link de acesso: http://www.bdtd.uerj.br/handle/1/19887

The Brazilian Federal Constitution of 1988 established health as a right for all and a duty of the State in the implementation of economic and social policies aimed at reducing health problems for the population. In this sense, the State's duty was established in the formulation of public policies to guarantee the provision and maintenance of access to free healthcare for all who need it. However, in Brazil there is a growing demand for the judicialization of the right to health, which is configured by the need to resort to the Judiciary to guarantee the fulfillment of this right. specialty of patients with chronic non-progressive encephalopathy. And as specific objectives, to characterize the profile of the subjects involved in lawsuits related to people with a diagnosis of chronic non-progressive encephalopathy, to identify the reasons that led to the legal demands of health regarding people with a diagnosis of chronic non-progressive encephalopathy, to describe the outcome of the legal demands related to health care for individuals with chronic non-progressive encephalopathy, explain the moment that the decision met the request of the judicial demand, identify possible violations of the principles of the SUS and bioethics in the judicial demands under analysis.This is a documentary research carried out on a secondary data base, with an analytical, descriptive and retrospective approach in which the full content of judicial proceedings of the Court of Justice of Rio de Janeiro were analyzed. As a result of the research, 30 lawsuits related to the treatment by specialty for the person diagnosed with chronic non-progressive encephalopathy were analyzed. Among the main findings, it was found that the distribution of the sample by sex was mostly male. Among the places of residence of the plaintiffs were different municipalities in the State of Rio de Janeiro, including Campos dos Goytacazes, Itaperuna, Rio das Ostras, São João da Barra, Volta Redonda, Rio de Janeiro, Teresópolis, Carmo, Casimiro de Abreu, Duque from Caxias, Iguaba Grande, Itaboraí, Itaguaí, Paracambi, Sapacuaia and Saquarema. It was found that 60% of the applicants in question had a diagnosis other than chronic non-progressive encephalopathy. Regarding the distribution of required services, it was found that 67% of them are available in the SUS. Finally, it was noted that in 76% of the processes analyzed there were violations of the principles of the SUS and the principles of Bioethics from the perspective of Beauchamp and Childress. Lastly, it was concluded that the judicialization of health is an effective way of exercising citizenship today, given the omission of the Executive and Legislative branches in relation to social demands on health. It is also noted that it is necessary to rethink the health care of people with disabilities with chronic non-progressive encephalopathy and this will only be possible through the development of new public policies for this population.