A judicialização na saúde pública: implicações para a enfermagem como prática social

• Ano de defesa: 2017
• Autor(a) principal: Carvalho, Eloá Carneiro
• Orientador(a): David, Helena Maria Scherlowski Leal
• Banca de defesa: Souza, Norma Valéria Dantas de Oliveira , Penna, Lucia Helena Garcia , Lisboa, Marcia Tereza Luz , Passos, Joanir Pereira
• Tipo de documento: Tese
• 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 Enfermagem
• Departamento: Centro Biomédico::Faculdade de Enfermagem
• País: BR
• Palavras-chave em Português: Judicialização da saúde pública; Mínimo existencial; Enfermagem
• Palavras-chave em Inglês: Public health Judicialization; Existential minimum; Nursing
• Área do conhecimento CNPq: CNPQ::CIENCIAS DA SAUDE::ENFERMAGEM
• Link de acesso: http://www.bdtd.uerj.br/handle/1/11168

It is a thesis of conceptual and legal character, which brings a dialogue between the legal and the field of health. Its object of study was the judicialization of public health and your role in the access to health care, based on concepts like human dignity, health as a universal right and duty of the State, the right to a healthy environment at work, theory of possible existential minimum reserve and judicialization and its implications for the health system for health and practices for nursing. Considering that the nurse is a professional who has activities that range from assistance to the management and their actions are influenced by the socio-political variables, it is believed that this professional should be prepared for changes and emergence of complex problems. The overall objective was to analyze the issue of judicialization on health, based on the analysis of public civil actions whose object was public health. The specific objectives were: to identify, in the cases studied, the main judicial outcomes obtained and the reasons for the demands; analyze the main reasons used in the claims; discuss to what extent judicialization is a problem or an immediate solution on the constitutional rights of citizens and provide the limits of judicial intervention. To this end, we opted for a qualitative character study, descriptive and exploratory type, with reading and critical and interpretive analysis of the material, in the light of the theoretical. The methodological path chosen was the case study, which had four phases: demarcation of unit-case; data collection; selection, analysis and interpretation of data and drafting of the report. As a result, were found two randomly selected cases that addressed public health judicialization in the State of Rio de Janeiro. Both are public civil actions filed by the Public Ministry of Rio de Janeiro State in the face of the State (lato sensu). Appeared motivated by the poor quality in assistance in public hospitals located in the State of Rio de Janeiro, culminating in breach of article 196 of the Federal Constitution. When analyzing the cases discussed and the bibliography consulted concluded that the recent increase of the judicialization of health in Brazil, especially after the 1988 Constitution, is a natural consequence resulting from the political and economic situation here has imposed. Since health was a fundamental right and became everyone's right and duty of the State, the legal dimension of citizenship goes to prevail, leading users of SUS to seek their rights by the judiciary, in order to gain assets and rights, those that are important for health and assurance that somehow , are being denied, generally, by the omission of the Executive and legislative branches. For ultimate, it is concluded that, in a democratic State of law, there is no room for a superpower, even if intended to defend it with this thesis, but, also, we cannot continue accepting the omission of the Executive and legislative branches, damaging, mainly the most vulnerable population, more unassisted.