Abstract

SALINO, Alessandra Valle  and  RIBEIRO, Glaucia Maria de Araujo. PERSPECTIVES OF THE NATIONAL PHENOMENONOF THE JUDICIALIZATION OF HEALTH FOCUSEDON THE AMAZONAS. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.399-420.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.19.

The research had as its central object the judicialization of health in Brazil, especially focused on the regional question of Amazonas. In this context, the principle of reserving the possible before the judicialization of health cannot be invoked as a “shield for the State to excuse itself from the fulfillment of its priority obligations”, much less be used in an indiscriminate manner, as provided by the STF. Thus, it is up to the Judiciary to infer mechanisms for the improvement and structuring of the public health system - SUS - with more effective and effective practices are noticeable, although raising statistical data for diagnosing this panorama needs to be improved, since the difficulties of accessing data judicialization of health in the national and regional fields are not insignificant. The role of the Judiciary in the realization of health and the actions of the National Council of Justice (CNJ) are systematic, but the legal actions directed to health in Brazil are still predominantly individual and do not result in collective benefits. Regarding the judicialization of health in Amazonas / Manaus, there was the support of the data provided by DPE / AM to verify an increase in health cases and a tendency to overcome this growth in 2020, following the social framework designed in recent years in the country, being possible, during the research, to raise hypotheses of underreporting; ignorance of the Amazonian population about the possibility of going to court; the symptomatic state inefficiency in the provision of health services, factors such as the following we will discuss.

Keywords : Judicialization of Health; Brazil; Amazon;.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )