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JUDICIALIZATION OF HEALTH: CONTINGENCY RESERVE AND BASIC HUMAN DIGNITY

ABSTRACT

Objective

to analyze cases of judicialization of health, describe their outcome and discuss the repercussions of the legal decisions for health care and the Unified Health System

Method

a case study, carried out from May to July 2020, in the websites of the Court of Justice of Rio de Janeiro - Brazil, Regional Federal Court of the Second Region and Superior Court of Justice. The analysis was based on the theory of contingency reserve and basic human dignity

Results

four cases about judicialization in health were identified, which were characterized as a mechanism for guaranteeing labor rights, evidencing the need for more efficiency in the public policies to improve access to health

Final considerations

the dilemma between human life and economy emerged in the legal decisions, and judicialization presented itself as a mechanism for guaranteeing rights. It contributed to the discussion about lawsuits in health and about the low ability to serve people with complex needs

DESCRIPTORS
Judicialization of Health; Right to Health; Unified Health System; Public Policy; Nursing

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E-mail: cogitare@ufpr.br