(Des)judicialização da saúde: uma análise dos meios alternativos de conflitos em saúde

Abstract

With the advent of the New Civil Procedure Code in 2015, the intention is to promote a more intense look at the application of alternative means in the field of Public Power, especially in the enshrining of the right to health with a focus on the Municipality of Salvador / BA. Along the lines of the current model of the Unified Health System, the constitutional command of art. 196 deals with the coverage and provision of services to be materialized by the State, centered on the principles of universal access and integrality of the subjects, which clashes with basic notions such as equity when faced with high demands, few resources, inefficient assistance and inequality in access to services, which also sin in terms of resolvability and quality. It reveals the difficult operationalization of social rights, discussed on a large scale in its theoretical aspect under the garments of generations of fundamental rights, whose study acquires relevance for us to understand the context in which we live, coupled with the search for the effective provision of rights in health, for which they still follow a rhetoric of insufficient practical application in the face of social problems, even more accentuated by the pandemic by COVID-19.