Constitution Health Treatment and Its Judicialization

Abstract

Objective: To analyze the right to health and access to medicines and medical treatments in the face of increased judicialization.   Theoretical Reference: Health is a social right of full effectiveness and immediate fulfillment (Art. 6, Federal Constitution). Art. 196 Federal Constitution states that it is right of all and responsibility of the state, guaranteed by social and economic policies that aim to reduce the risk of disease and other illnesses, ensuring universal and equal access to actions and services for the purpose of promotion, protection and recovery and in art. 198, item II, includes, within the scope of the SUS, comprehensive therapeutic assistance, including pharmaceutical assistance, regardless of contribution.   Method: The narrative review was carried out by collecting data and selecting relevant sources from books, articles, legislation and case law.   Results and Discussion: The results obtained revealed that the judicialization of health is a multifactorial phenomenon. There are two types of judicialization: the request for medicines provided for in normative acts and those that have not been incorporated. In the discussion section, these results are contextualized with the theoretical framework, highlighting implications and relationships. Possible discrepancies and limitations of the study were considered.   Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence health and justice practices.   Originality/Value: The study contributes to the literature by synthesizing the main implications of the judicialization of the right to health.