Justiciabilidade do direito de acesso a medicamentos: com ênfase ao município de Marabá (2015 a 2016)

Abstract

The right to health, although contemplated in the 1988 Constitution and considered as a subjective public right opposable to the State, presents deficiencies in relation to management, administration and public budget, these shortcomings restrict the capacity of the bodies responsible for the effective access to health care and services. In the absence of compliance with this social right, users tend to appeal to the judiciary to guarantee access to resources and resources necessary for their health, of this phenomenon is called the judicialization of the right to health. The objective of this study is to address the issue of access to medicines by lawsuit, excessive judicialization of health, related to problems arising from exaggerated judicial behavior that must be identified as to the legal limits imposed on judicial health care concessions in the national scenario. In order to problematize the local scenario in this study, a study was carried out on the jurisprudence of the public prosecutor´s office of the municipality of Marabá-PA, from the data provided on cases of judicialization of the fundamental social right to health, were request for special milk for allergy, drugs for degenerative diseases. It was found that in Marabá/PA the number of actions for access to medicines is much lower in relation to the localities of other Brazilian regions that presents a high growth and characteristics of excessive judicialization mainly in the southern region Brazil. But in return, all lawsuits filed with the Public Ministry by extrajudicial procedures office requesting medicines were granted.