Direito à saúde baseado em evidências: uma análise sobre o uso da constelação familiar no Tribunal de Justiça do Estado do Pará

Abstract

This article presents a theoretical analysis of the application of family constellations in the judicial proceedings of the Brazilian judiciary in order to demonstrate the incompatibility of this institute with the constitutional right to health. In this context, the hypothesis will be developed that family constellations do not have sufficient evidentiary and scientific support to be considered a form of science in the strict sense, which makes it impossible to apply them in the judiciary as an alternative means of conflict resolution, under penalty of violating the fundamental principle of guaranteeing universal and quality health. Thus, the problem discussed is: how does the application of family constellations in the judiciary negatively affect the right to evidence-based health? For this, the methodology used for the research construction configures the implementation of the deductive method, based on bibliographic and documentary research, using historical, sociological, legal, jurisprudential and doctrinal materials that deal with the right to health in Brazil, the application of family constellations in the judiciary and evidence-based health rights. Furthermore, it is observed that the materials were analyzed from a qualitative approach, as well as primary and secondary sources were used.