Demandas judiciais por medicamento: análise da judicialização da saúde no município de Uberaba MG (2016-2018)

Abstract

The objective of this research was to comprehend the legal bases present in the judicial decisions handed down by the Court of Justice of Minas Gerais (TJMG), published between 02/01/2016 and 02/28/2018, which dealt with the supply of medicines by the Estate in Uberaba / MG. It is an exploratory and descriptive study, of the documentary type and of a qualitative approach, in which twenty-seven judgments were analyzed, in their entirety, available in the TJMG research system, whose obligation was limited to the territory of Uberaba / MG , being the municipality and / or the state in the passive pole. The characterization of the profile of the demands identified in the judgments and, later, thematic analysis of the narratives present in the decisions were carried out. The analysis of the collected data allowed to gather the guiding elements of the decisions in two thematic categories: Effectiveness of the Right to Health and Decision Bases. In the first category, there was reflection on the conception of the right to health, the attributions of the public administration and the Judiciary. In the second, the units of meaning comprised administrative acts and regulations, the presence of therapeutic alternatives in the Unified Health System and the instruction of the process. The study pointed to the generic use of the right to health, life and dignity of the human person as the main basis for granting the request in most of the decisions analyzed and emphasizing the obligation of states and municipalities to provide the medicine, granting the court the burden of keep the corresponding medical prescription updated.