Direito à saúde sob a ótica dos processos estruturais: o caso das filas de espera do Sistema Único de Saúde em Uberlândia/MG

Abstract

The dissertation investigates the crisis of effectiveness of the fundamental right to health in Brazil, with a special focus on the problem of disorganization and opacity of waiting lists in the Unified Health System (SUS) in the district of Uberlândia-MG. The study starts from the premise that the classic and atomized model of judicialization, although it responds to specific emergencies, may be structurally incapable of solving systemic administrative pathologies, generating distortions in the equality and planning of public policies. Under the aegis of neo-proceduralism and the maximum valorization of fundamental rights, the study questions the extent to which the adoption of structural process techniques can offer more effective jurisdictional responses, understood as those capable of promoting the reorganization of flawed bureaucratic structures through prospective and dialogical jurisdiction. The research adopts the hypothetical-deductive method, with a qualitative approach and case study, having as its object of analysis Public Civil Action 5041496-75.2024.8.13.0702. The limits of the traditional process, the dictates of transparency, and the theory of structural process are analyzed. It was concluded that the structural process, by replacing the binary logic of classical adjudication with incremental and monitored decisions, is promising in overcoming institutional blockages, allowing the Judiciary to act as a catalyst to ensure the publicity of waiting lists and, consequently, to guarantee the fundamental rights of users of the public health system.