Judicialização do direito à saúde pública do municipio de Leopoldina-MG: um estudo de caso

Abstract

This study aims to understand the judicialization of the right to public health in the city of Leopoldina/MG from the point of view of the Sistema Único de Saúde (SUS) - SUS´s users, subjects of the municipality and the legal institutions. This was a descriptive study with methodological reference derived from the case study principles in a qualitative research. This case study gathered data from lawsuits who had the city of Leopoldina as a defendant and interviewed subjects related to these processes as users, actors of the municipality and the legal institutions. The results showed profile lawsuits aimed at ambulatory, hospital and pharmaceutical care consultations. SUS´s users asked the law, health care and set judicialization as a positive way to solve problems in access. The actors of municipality asked the limitations of the municipality in providing the right to health, healthcare and portray a threatening reality of lawsuits when related to collective interest. The actors of the legal institutions reported the reality of judicialization, ponder their existence, they liable the government. The lack of government strengthen the role of the performance of the judiciary agency to ensuring the constitutional right to health. Therefore the judicialization has been an approach adopted for this right in practice.