Diálogos institucionais como uma ferramenta na solução de demandas judiciais em saúde na busca de medicamentos

Abstract

In view of the great importance of the right to health, since it derives from the principle of the dignity of the human person, one of the most important and fundamental principles of our democracy, the quest for its better realization is of great importance for society, especially for those that depend exclusively on the Unified Health System. Thus, the present work aims to analyze the growing judicialization of health as an attempt to guarantee the right to health through the judicial process, mainly in lawsuits that have as object the concession of medicines. Faced with this reality, it was studied how the theory of institutional dialogues applied within judicial decisions can contribute to the realization of the right to health through a dialogue between the Judiciary, the Executive and health professionals. Thus, in order to understand how this theory could be applied, the recent experience of the Technical Support Centers of the Judiciary (NAT-JUS) here in Ceará has been used as an alternative solution for health judicial demands that has carried out a dialogue between the Judiciary Ceará State, the Municipality of Fortaleza and the Walter Cantídio University Hospital to issue opinions and technical notes that have assisted the judges in their decision-making, in addition to maintaining a dialogue with the Executive. To do so, the research was initially developed based on bibliographies, including, in the support material, books, articles, legislation, theses and queries to electronic sites, after, a questionnaire was conducted with the Executive Secretariat of the Health Executive Committee of Ceará for collecting recent information NAT-JUS.