Políticas públicas de acesso à medicamentos e judicialização do direito à saúde: análise a partir do estudo das ações judiciais interpostas em desfavor do estado do Pará, no ano de 2016

Abstract

The research intends to study the right to health by relating it to the public policies that oppose it and to demonstrate the importance of understanding the implementation of these policies by the agents who act in the demands that seek to ensure, by judicial means, access to health goods and services, especially of drugs, object of the study. The work will make a historical cut to revisit the origin and evolution of the concept of social rights, understand its meaning and the way it was incorporated, how it was developed and how it influenced the guidelines that currently guide the right to health, recognizing that reality social current state demand a huge range of activities for the guarantee of citizenship. It will seek to understand the foundations of social rights as fundamental rights and the elements that guarantee their protection. It will analyze the process of judicialization through which access to health in particular to the drug, presenting the existing public policies and discussing the importance of the legal operators, who act in the judicial actions in health, understood the policies instituted. The discussion will be based on the study of data filed against the State of Pará in the year 2016, obtained from the Attorney General of the State of Pará. The work was developed based on the bibliographic review of works related to citizenship, social rights, Welfare State, public health and health judicialization. The data presented demonstrated that it is necessary to stimulate the multidisciplinary debate between the justice system and the health system and to acknowledge the new arenas of discussion that arose after the CNJ's action in order to promote the rationality around the judicialization of health considering that the current model does not contribute to the realization of the social right to health, either by not reaching existing public policies or by proposing new public policies.