Strengthening public health policies and health judicialization

the experience of the municipality of Simão Pereira (MG)

Abstract

https://doi.org/10.1590/2179-8966/2022/66045

This article intends to demonstrate that the fundamental right to health is more effective when executed and better effected through the planning of public policies without, or with minimal, judicial intervention. The right to health has been the subject of numerous lawsuits and, through the realization of In order to confront this hypothesis, a survey was carried out in the Municipality of Simão Pereira (MG), to analyze that analyzed the results obtained after the increase in investments public health budgets. The research considered the mandate of different rulers, going through the results of the years 2016 to 2019 and 2017 to 2020. The hypothesis that greater investments in health can reduce the search for this right through the judiciary was put to the test through the empirical method of search. The strategies adopted in the Municipality consisted of extrajudicial action that resulted in the reduction of litigation in court, insofar as there was an expansion of access to health through the administrative route. Robert Alexy's Theory of Fundamentals (2017) referenced this research, conducted through a bibliographic methodology., to support the theoretical reference, literary and normative review. A case study was also carried out on the experience of the Municipality of Simão Pereira (MG) with regard to the execution of the health budget, when it was empirically confirmed that the approximation of the values between the planned public budget and the executed, reduced the demand for the right in court, operating the reduction of expenses to comply with court orders, without effective planning. The data collected showed that the closer the planned and executed budgets are, the lower the number of lawsuits with requests related to public health.

Keywords: Right to health; Judicialization; Public policy.