ABSTRACT
The legal-regulatory framework that structured the Unified Health System significantly influenced the evolution of collective oral health, however, access is still one of the main challenges of health systems management. In the light of human rights, the right to oral health is an inseparable right of general health. The objective of this research was to analyze the judicialization of dental demands based on the right to health provided for in the 1988 Federal Constitution. This is an exploratory, descriptive study, carried out in secondary database, obtained in the court decision of the second instance of the Court of Justice of São Paulo, from January 2016 to April 2019. The results were categorized and analyzed by descriptive statistics. The lawsuits related to Dentistry seek, mainly: indemnity for moral and material damages – 336 court decision (65%), indemnity for poor quality of dental services – 114 court decisions (22%), and negative procedural and/or material coverage. by health insurance – 63 court decisions (13%). Lawsuits for dental error increased by 305% from 22 court decision, in 2016, to 99 court decision, in 2018. It is concluded that the judicial demands in the dental area are more focused on the material and moral indemnities of the provision of dental services than for access and enforcement of constitutional rights to oral health.
KEYWORDS
Health’s judicialization; Dentistry; Dental care