The judicialization of health: the role of the judiciary branch in signalling the need for development and implementation of public health policies

Abstract

The present work proposes to analyze the limits and possibilities of the magistrate’s performance in the development and implementation of health public policies in lawsuits. Next, it presents a sociological and functional perspective of the performance of the magistracy in the Comarca of Valença, refining the research to indicate the representativeness of sentences involving the healthcare topic at the 1st Vara Comarca of Valença and, finally, analyzes the profile of the legal subjects that demands judicial protection. The goal is to construct parameters for data analysis and indications that can be made available as a tool for action by health management institutions and users of the system as a whole, as well as to present improvement points in the Court of Justice of the State of Rio de Janeiro. The scope of work delves in the right to universal healthcare as a fundamental human right and a change agent to reduce social inequality, by analyzing the structure of the Municipality of Valença and the judicialization of healthcare that occurs at Valença, the author seeks to understand and find new mechanics to reduce social inequality, using services and treatments in the public healthcare system to follow equality and universality principles.