Judicialização da Saúde

• DOI: https://doi.org/10.22533/at.ed.82081325070814

• Palavras-chave: Judicialização da saúde, direito à saúde.

• Keywords: Judicialization of health, right to health.

• Abstract: Under the influence of the Health Reform, resulting from discussions at the 8th National Health Conference held in 1986, the 1988 Constitution of the Federative Republic of Brazil lists health as a right of all and a duty of the State in its article 196. In this context, the phenomenon of the judicialization of health emerges, through which the holder of the right to health begins to demand full compliance from the service provider through the judiciary. This phenomenon is naturally worrying for health managers, due to its significant impact on the administrative and financial organization of the health system and, consequently, on the provision of health services and technologies to the population. This work, which aims to discuss this conflict and point out possible solutions, was a literature review study on the topic of judicialization in health. The authors used the Pubmed, SciELO and Consensus databases to search for the terms “judicialization of health” without applying the publication date criterion. The results shown seek to provide an overview of the issue in Brazil and suggest alternatives to mitigate the problem, in order to guarantee the right to health and allow the sustainability of the Unified Health System.