O uso da judicialização para efetivação do direito à saúde: revisão integrativa da literatura

Abstract

The presente study aimed to find in scintific production the use of judicialization to implemente the right to health. Method: This is an integrative review of the literature in the Scielo and Lilacs databases (via VHL). The descriptors used were: “Judicialization of health”, “Right to health” and “Access to medicines”. To operationalize the data, a synoptic table was used to organize the information. Results: 30 articles published in Portuguese were used in the databases, 16 (53.33%) Scielo and 14 (46.67%) Lilacs (via VHL). After analyzing the data, the thematic axes emerged: Universal access to health; access to medicines; access to ICU beds and judicialization for health integration. The results showed that health, among the legal processes found in the literature, highlights the legal requests referring to: Access to medicines 13 (43%), supply of medicine/drug treatment 4 (13%), drug treatment 3 ( 10%), medical/hospital treatment 2 (7%), ICU beds 2 (7%), medication supply 1 (3%), hospital procedures 1 (3%), Surgical procedures and ICU bed 1 (3% ), supply of medicines and ICU beds 1 (3%), demand for beds and high-cost medicine 1 (3%) and surgical treatment 1 (3%). Conclusion: The use of judicial measures contributed positively to the implementation of the right to health since they were favorable to users. In the current scenario, there is a crisis in the social state due to the serious difficulties encountered in the implementation of public health policies, which aim to reduce health problems and promote improvements in the conditions of care for the Brazilian population.