Fortalecimento de políticas públicas de saúde e o impacto na judicialização: o estudo de caso do município de Simão Pereira/MG

Abstract

The scope of this work was to compare the efficiency of administrative and jurisdictional routes for the implementation of public health policies. Conceived, based on the theories of legal argumentation and fundamental rights by Alexy (2017, 2020), as an optimization commandment that has an essential core whose effectiveness is imperative, the right to health must be implemented from the consideration of the limitation of state financial resources. It started from the hypothesis that public policies, by virtue of their universal character and the prerogative of the Public Administration to implement them through planning, constitute a priority path in the face of judicialization, since they allow the satisfaction of the demand of a greater number of people. citizens at more modest costs than those achieved through the courts. An empirical research carried out from the comparison of data collected in the Municipality of Simão Pereira/MG in the years 2013 to 2020 with those contained in the CNJ's health judicialization report for the same period provided confirmation of this hypothesis. Furthermore, an analysis of the data collected in the Municipality field of this research was carried out, with those obtained in relation to the State of Minas Gerais and the Union. Finally, an interview was carried out with the Attorney of the Municipality of Simão Pereira/MG, in order to confront her perception with the inferences made from the empirical data. It was found that, through the strengthening of public health policies, it is possible for the public manager to better apply the already scarce resources in order to make the right to health effective and reduce the need for citizens to resort to the judiciary.