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oai:doaj.org/article:626970597ee740af8a77577c2c4f1c4c

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Judicialisation of health: an analysis of phenolic and its consequences for Brazilian society

Abstract

Embora The Single Health System has advanced since its inception, there are still gaps in the supply of medicines and services. With this, citizens have used the judicial system to purchase health goods, a practice known as a judicialisation of health, which has grown abruptly in recent years. In addition, the aim of the work is to analyse legal actions that require health goods from the SUS to provide a better understanding of the effects of naturalisation of health justice. A bibliographic review and analysis of 100 court cases were carried out on the electronic portal of the Court of Justice of the State of São Paulo. The results indicated that in 2010 the federal government spent on the judiciary of health at R $120 million. As early as 2016, this expenditure was about R $1,6 billion, with 1.346.931 cases handled in Brazil. The descriptive analysis carried out showed that, in the same year, 22.1 % of the selected lawsuits applied for medicinal products standardised by the SUS and, in relation to the other applications, 82.8 % had a therapeutic alternative available on the public network. The figures presented show the destabilisation of the health budget planning generated by the judiciary. It is necessary to seek strategies to guarantee the right to health and to increase knowledge of the lists made available by the public network for doctors and judges. In this way, the judicialisation of health will remain feasible to guarantee rights in cases not covered by the health system, without prejudice to budgetary planning and universal access to the Single Health System.

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