Direito à saúde, escassez e judicialização: uma tríade de paradoxos

Abstract

The judicialization of the right to the health that is resulted of the omission of the State front to the guarantee of this right and, therefore the lack of access of the health services, comes if pointing out as plus one it impedes to assure the universality of the Only System of Health (SUS). Of this form, this work if considered to carry through an analysis concerning the intensification of the concernments legal actions to the right to the health in Brazil, being rescued the historical processes where if it developed such problematic one, delineating the possible exits to prevent the unmeasured increase of the judicialization of the health. The used methodology in this work was the literary revision of narrative matrix, was also used the documentary research in intention to confer a bigger severity to the study. Soon, it was evidenced that the judicialization of the health that had its landmark in the years of 1990 in Brazil, comes widely being a strategy adopted by the citizens for the guarantee of its right when injured, however, as the expenses with the demands judicial were not foreseen in the budget of the health, this caused in a disequilibrium between offer and the demand of the services of the SUS, that is, the shunting lines of resources to take care of individualized demands, caused not the attendance of the necessities of health of a collective. In fact, the judicialization this distant one of if configuring as an alternative for the resolution of the health problems, has seen that this process if became plus an obstacle for not the concretion of the principles of the universality and equity of the SUS, that is, is satisfied as plus a breaking of the right to the health, fortifying the requirements of the current period of training of the system capitalist.