A judicialização da saúde: a insuficiência de leitos de UTI no Estado da Bahia face aos direitos fundamentais.

Abstract

The present paper aims to analyze the right to health according to article 196 of the Federal Constitution, which reads that it is the right of everyone and the duty of the State to provide it through public policies. However, the possibility of the exercise of this right by all is limited to available resources and to lawsuits under the Unified Health System (SUS). The problem that the work covers concerns the insufficiency of ICU beds in relation to the fundamental right to health, which leads to the phenomenon of judicialization in order to seek for the realization of this right. For the methodological support, the study used a qualitative research with method based on document analysis and bibliographical revision regarding the subject. which resulted that although the SUS establishes the number of ICU beds, some hospitals require more beds, for example, the Regional Hospital of Juazeiro, which offers 20 adult ICU beds when 645 beds are needed to serve the population. In this way, it is relevant to have a more effective right to health in order to get closer to what is established by the laws.