Direito à saúde: o papel de Hércules nas sentenças sobre pedidos de medicamentos prolatadas no município de Juiz de Fora entre 2014 e 2017

Abstract

The main goal of this research is to analyze the access to the right to health through the Courts of Law, specifically when the request formulated by the person who seek justice consists on the supply of medicines. In order to develop this paper, a question was made: how judges have decided actions in which there is the request of some drug for the treatment of the patient? Ronald Dworkin's Empire of Law was the theoretical framework chosen, considering that in this work the author approaches law as integrity, as well as discusses the importance of an interpretative judge, who knows the laws, the precedents and who is attentive to the particularities of each case put on trial. In addition, Dworkin addresses the need for the judge to seek the best possible response for each decision to be made. In order to develop this paper, the empirical research was selected as methodological strategy, by observing the rules of inference proposed by Lee Epstein and Gary King. Based on the chosen methodological strategy, Juiz de Fora - MG (city where the research was made) was selected to analyze all the sentences uttered, which decided about the request for the medicine's supply. In order to present reliable results, uttered sentences between the years 2014 and 2017, all available on the website of the Minas Gerais Court of Justice, were examined. As the research result, it's possible to assert that judges decide in a standard way and that national relevant decisions did not have the repercussions they should, which allows to verify a plaster in the Court decisions, considering the place and the period searched.