2019
DOI: 10.1590/0103-11042019s405
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A judicialização da saúde: uma atuação da magistratura na sinalização da necessidade de desenvolvimento e de implementação de políticas públicas na área da saúde

Abstract: RESUMO O presente trabalho teve o propósito de a analisar os limites e as possibilidades de atuação da magistratura na sinalização da necessidade de desenvolvimento e de implementação de políticas públicas em demandas judiciais envolvendo o tema saúde. Sob uma perspectiva sociológica e funcional, é apresentada a atuação da magistratura, afinando-se a pesquisa para indicar a representatividade das sentenças na 1ª Vara da Comarca de Valença e, ao fim, analisar o perfil do sujeito de direito que demanda a… Show more

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Cited by 3 publications
(5 citation statements)
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“…By combining the scores of each dimension, the SF-36 allows 2 integrated components to be calculated: the physical health component (PHC) and the mental health component (MHC) [ 32 ]. The PHC comprises the following dimensions: functional capacity (performing daily activities, such as the ability to take care of oneself, get dressed, shower, and climb stairs); physical aspects (impact of physical health on the performance of daily or professional activities); pain (pain level and impact on performing daily or professional activities); general health status (subjective perception of general health status).…”
Section: Methodsmentioning
confidence: 99%
See 1 more Smart Citation
“…By combining the scores of each dimension, the SF-36 allows 2 integrated components to be calculated: the physical health component (PHC) and the mental health component (MHC) [ 32 ]. The PHC comprises the following dimensions: functional capacity (performing daily activities, such as the ability to take care of oneself, get dressed, shower, and climb stairs); physical aspects (impact of physical health on the performance of daily or professional activities); pain (pain level and impact on performing daily or professional activities); general health status (subjective perception of general health status).…”
Section: Methodsmentioning
confidence: 99%
“…It also has social impacts, promoting an imbalance in public health expenditures. The judicialization phenomenon involves political, social, ethical, and health aspects, which go far beyond its legal component and the management of public services [ 32 ].…”
Section: Introductionmentioning
confidence: 99%
“…The Brazilian Federal Constitution ensures that "Health is a right for all and a duty of the State" (Bastos & Ferreira, 2019). In this context, it appears that assistance to individuals must be ensured by Brazilian legislation, aiming at the prevention and treatment of the disease and its problems (Bastos & Ferreira, 2019). Some of the public policies available by the Brazilian Public Health System aim to meet the rights of diabetic users .…”
Section: Introductionmentioning
confidence: 99%
“…It is a consense among the health professionals that the first and best measure to be taken is the prevention of the disease, in addition to avoid the worsening of this condition when the disease is already installed, minimizing the expenses with treatments and complications that usually accompany the time of the disease, which are directly related to poor control of the disease (Zanetti et al, 2008). The Brazilian Federal Constitution ensures that "Health is a right for all and a duty of the State" (Bastos & Ferreira, 2019). In this context, it appears that assistance to individuals must be ensured by Brazilian legislation, aiming at the prevention and treatment of the disease and its problems (Bastos & Ferreira, 2019).…”
Section: Introductionmentioning
confidence: 99%
“…The Brazilian Federal Constitution ensures that "Health is a right for all and a duty of the State" (Bastos & Ferreira, 2019). In this context, it appears that assistance to individuals must be ensured by Brazilian legislation, aiming at the prevention and treatment of the disease and its problems (Bastos & Ferreira, 2019). Some of the public policies available by the Brazilian Public Health System aim to meet the rights of diabetic users (Silva et al, 2018).…”
Section: Introductionmentioning
confidence: 99%