TAVARES JUNIOR, F. A.; OLIVEIRA, F. A. B.; http://lattes.cnpq.br/7514462687293958; http://lattes.cnpq.br/1059361168427799; TAVARES JUNIOR, Francisco Afonso.; OLIVEIRA, Frederyck Alves Bezerra.
Résumé:
This study aims to accomplish a documentary-analytical analysis of court decisions on the
health judicialization. Monocratic decisions deferred on a first instance in the region of
Cajazeiras-PB were used as samples from October 2014 to May 2015. The entire study
consisted of eight decisions; and the analyzed data allowed to verify that the request and
deferment of the lawsuits in health based on the guarantee of rights provided on the
constitution is a present trait of the legal claim. A process of excessive judicialization is
observed, which is manifested by the proliferation of decisions condemning public authority
for funding treatments that were supposed to be offered in the basic health system and refer
back to the administrator the responsibility for resource allocation decision, which often
contradicts the principle of equity in health and access to health care quality.