A judicialização no ciclo de Política Pública : um estudo sobre a política pública de garantia de tratamento de saúde no município de Lavras - MG

Abstract

This work is a multiple case study through which we seek to understand what are the implications of judicialization for the policy cycle considering legal proceedings filed against Lavras – MG. The selected cases were referred to eight Civil Lawsuits brought by the Public Ministry against Lavras seeking the supply of medication to the elderly. Using the content analysis method (BARDIN, 2009) by the technique of analysis of enunciation it has been found that multiple parameters proposed by the theories discussing the limits of judicialization find discussion on lawsuit as the effectiveness of the constitucional regulations, the existential minimum, the fiscal federalism, the separation of the powers, the discretionarity, the expertise and the reserve of the possible. It’s notable that the theory of effectiveness of the constitutional regulations allied to the existential minimum is directioning the decisions that are related to the judicialization of the public policies of medications supply, creating direct effects on the public health policy of the city, which is obligated to provide the required treatment even during the lawsuit, on a preliminary basis, generating extraordinary or exceptional expenses immediately.