Jurisprudência mineira acerca da judicialização da saúde pública

Abstract

This paper deals with the judicialization of public health in Brazil, aiming to analyze the jurisprudence on the subject in the State of Minas Gerais. The specific objective of the paper was to find out how the jurisprudence of Minas Gerais has taken position about the judicialization of public health. At first, the right to health, public health in Brazil, judicialization, the judicialization of public health, the CNJ’s influence on the subject and the challenges of judicialization for public management were studied. After this phase, the work turned to the analysis of the judicialization of public health in the State of Minas Gerais through the study of judgments related to the topic of the Court of Justice of Minas Gerais. This was an empirical and exploratory documentary research that adopted quantitative and qualitative methods. At the end of the research, it was noticed that the jurisprudence of Minas Gerais accompanies some of the tendencies treated as challenges of the judicialization, for the public management, as well as it was verified that, in Minas Gerais, most actions of public health judicialization are judged proceeding and that prevail requests for the supply of medicines, as well as there is the specification of diseases and a balance on the demands among the federated entities. The research also revealed a considerable standardization of judicial decisions related to the judicialization of public health in the Court of Justice of Minas Gerais. Finally, it was concluded that jurisprudence is a great tool for the deepening of studies related to the judicialization of public health.