A judicialização da saúde pelo ministério público em Uberlândia: direito individual versus direito coletivo à saúde

Abstract

The Judicialization of Health is a prominent phenomenon, both in the conjuncture of public policies and in the constitutional guarantee of the right to health. Considering its importance in the national scenario and the relevance of the theme for public management and for society, the objective of this study, quantitative, exploratory, transversal, descriptive and retrospective, was to analyze the judicial demands for health in the State Public Ministry in Uberlândia / MG. In this sense, the present investigation was carried out through documentary analysis, having as primary source of research, secondary data, the records or procedures for investigation of injury to individual rights that resulted in the prosecution of the Public Prosecutor's Office in Uberlândia / MG. Therefore, the data were produced through the application of a semi-structured instrument, which allowed the collection of data in the cases registered in the Justice Court of the State of Minas Gerais. A total of 615 cases were analyzed, and slightly more than half of the 335 cases (54.5%) were filed by men. The mean age of the users was 59.25 years, with a minimum of 14 and a maximum of 96 years. Ethnic / race and family income were observed, which are characteristics that are not required by the Public Prosecutor's Office for users, when they enter into judicial processes. As far as the region of the municipality from which the proceedings were concerned, they were distributed throughout the city, and the neighborhood with the highest procedural concentration was Santa Monica 45 (7.3%). The main types of diseases and / or diseases presented were related to the Skeletal System 148 (24.1%), followed by the Cardiovascular System with 145 (23.6%) and Neurological System with 61 (6.6%) processes. Among the main medical diagnoses that generated judicial requests are the Diseases of the Circulatory System 178 (28.9%). It was verified that the main judicial demands were for 285 admissions (46.3%), followed by Surgeries 215 (35.0%) and requests for exams 93 (15.1%), and that the (IAU) of the municipality were the ones that generated the greatest number of these demands, being responsible for 583 (94.8%) of the total judicial demands of the users. As for the duration of the judicial process, the average was 44.3 days and about 50 (8.1%) of the actions were finalized due to users' deaths. It was identified that 614 (99.8%) of the judicial measures taken were related to Public Civil Action. Among the actions that have been appealed, 10 (1.6%) were appeals of the Instrument of Appeal. The results showed the phenomenon of health judicialization in the city of Uberlândia / MG, evidencing the needs not accepted by the public sector, in guaranteeing access to materials, inputs, technologies, health treatments by the Unified Health System - SUS; as well as providing subsidies to assist the municipal public health management in reorganizing access to health programs and services, allowing adjustments that address users' needs in light of the constitutional guarantee.