ENTRE A LEI E A SAÚDE: ANÁLISE DA JUDICIALIZAÇÃO E SEUS IMPACTOS NO ACESSO E GARANTIA DOS DIREITOS À SAÚDE

Abstract

The judicialization of health in Brazil is a complex phenomenon that directly impacts the health system and citizens. This study explores the intersection between law and health, highlighting the population's growing awareness of their health rights and the use of the Judiciary to obtain medicines, treatments and supplies. We also define “legal assistance” as the practice of seeking legal help to ensure access to health treatments and medications. Given the above problematization: How do the judicialization of health and jurisprudential divergences affect the capacity of the Unified Health System to provide specific medicines and treatments determined by court decisions? The objective was to analyze the role of the lawyer in the judicialization of health and legal assistance, as well as the general objectives, to analyze the position of jurisprudence in the judicialization of health in Brazil. Specific objective: to focus on the responsibility of public bodies in seeking the dejudicialization and uniformity of the Unified Health System (SUS). We carried out a literature review based on research in the databases SCIELO, LILACS, BOOK DIDÁTICO AND REVISTA STJ, selecting articles published in the last 10 years, nationally and internationally. We conclude that the judicialization of health is a complex phenomenon, and although it is crucial to guarantee fundamental rights, it must be carefully considered. Collaborative and robust policies emerge as a comprehensive response to improving access to health and the administration of justice in contemporary societies.