A importância do monitoramento da judicialização na promoção das políticas públicas relativas à saúde

Abstract

Health care in Brazil is constitutionally guaranteed through the development of economic and social policies aimed at reducing risks of diseases and providing universal and equal access to public health actions and services. However, in recent years,
there has been an increase in healthcare litigation, where the Judiciary is called upon to ensure guaranteed rights. This study aimed to characterize newly litigated cases between January 2020 and January 2023, considering the subject matter of litigious
claims, based on the healthcare litigation monitoring panel. A higher number of cases were identified in Public Health Law, with requests related to the provision of Medicines and Medical/Hospital Treatment. The full provision of healthcare, as a
constitutional right, is still not accessible to a significant portion of Brazilians, and litigation may represent the only means of access. On the other hand, it can also lead to the breakdown of a system that is already struggling to meet the healthcare
demands of the population.