Judicialização do direito à saúde: uma análise da atuação da Defensoria Pública do Estado da Paraíba – Núcleo de Sousa.

Abstract

The right to health is guaranteed to everyone by the Federal Constitution of 1988, being a right inseparable from the right to life and that promotes the value of equality between people. It is up to the State to provide means that provide access to health services through public policies. In practice, however, the full realization of the aforementioned right is one of the main challenges for the realization of social rights, thus promoting the judicialization of the right to health. In order to guarantee the effectiveness of this right, the present work aims to analyze the performance of the Public Defender's Office of the State of Paraíba (DPE/PB), more specifically, of the Sousa Nucleus, within the scope of the judicialization of the right to health. It justifies the deepening of the discussions to understand the performance of the Nucleus of Sousa of the DPE/PB in the judicialization of the right to health for the concession of medicines, treatments and hospitalizations of high cost, among other procedures. For this, the method used is the hypothetical-deductive approach, in which, when analyzing the data collected, we seek to find out if the performance of the Sousa Nucleus is effective for access to the right to health. Documentary and bibliographic research is used through legislative, doctrinal and jurisprudential analysis, as well as through data collection from the PJE system - Electronic Judicial Process System and SIGRA - Management Information System of Activity Reports. As for the method of analysis, it is carried out through the qualitative and quantitative method, as it makes it possible to reach the nature and scope of the theme. Finally, it was concluded that the Sousa Nucleus has contributed to the promotion of access to the right to health through the filing of actions, thus boosting the judiciary to promote the exercise of the right through judicialization, in addition to acting by the power of requisition. of the agency, in the demands related to health care.