A judicialização do acesso aos serviços de saúde em contraposição à garantia da Constituição Federal do Brasil de 1988

Abstract

First, it should be noted that health is totally related to the dignity of the human person, as substantiated by the Universal Declaration of Human Rights, since it makes up social security and the right to life. In addition to health, the individual's biopsychosocial well-being, including prevention, health actions and services for the population. In other words, health is an inseparable principle of the effectiveness and participation of the State in human life. In the Brazilian Federal Constitution of 1988, there are positive rights and, which are fundamental divided into individual and collective rights, which aim at the balance between individuals and society and between society and individuals, thus aiming at making access to constitutional rights effective. and democracy. The health policy is seen as a “right for all”, and the citizen, many times, seeks to achieve access to health services through judicialization. With this, it is proposed to study if there is omission or action on the part of the Public Power in the effectiveness of the health policy. This is because in article 196 of the 1988 Federal Constitution, health policy is implemented through the Unified Health System (SUS), with access and provision of services with the principles of universality, equity and integrality. However, the Unified Health System, has not managed to be effective in an equitable and integral way, due to the scarcity or effective investment of financial resources presented by the Federated Entities.