A JUDICIALIZAÇÃO DO DIREITO AO TRATAMENTO ONCOLÓGICO E OS DESAFIOS DA EFETIVAÇÃO DA LEI N° 12.732/12-ESTUDO DE CASO: HOSPITAL NAPOLEÃO LAUREANO

Abstract

The present work aims to analyze the phenomenon of judicialization as an instrument for effecting the Law n° 12.732/12 (Law of sixty days), based on the case study of the Hospital Napoleão Laureano, through its request for advance protection made by the Federal Public Prosecutor’s Office, in order to guarantee the oncologic treatment of patients within an estimated period of sixty days. The right to health is considered a fundamental right, enshrined in art. 6th of the Constitution of the Republic, as well as in International Treaties, and has effectiveness through the public and universal health network, the Unified Health System (SUS), with force in Law no. 8.080/96. The right to timely oncological treatment, determined by Law no. 12.732/12, is consistent with the realization of the right to health, but faces several obstacles in its factual imposition. Based on the analysis of the oncological health system, the joint responsibility of the federal entities, and the understanding of the financing of the health system, with a study of Ministry of Health Ordinances and infra-constitutional legislations, was possible to map the problems that prevent the effectiveness of Law n° 12.732/12, and how the Judiciary has assisted in the removal of these issues. For this reason, the present work seeks to detail, in a concrete way, this action of the Judiciary as a concretizing instrument of public policies aimed at cancer treatment in a given time frame, based on Law no. 12.732/12. In order to support this work, a bibliographical research was carried out and the use of national legislation, international treaties, doctrines, academic articles, theses, reports, information and other sources of theoretical research.