As decisões judiciais sobre o direito à saúde na vara de saúde pública do termo judiciário de São Luís no período de setembro/2020 a setembro/2022

Abstract

The aim of the study is to analyze judicial decisions in health, with the help of technicalscientific opinions issued by the Technical Support Nucleus (NATJUS), from the point of view of the utilitarian ethical-philosophical theory. Initially, considerations were presented about the methodological path of the research, placing them in the bibliographical and documentary analysis of the descriptive-exploratory type and to support the third chapter, content analysis was used as a technique for analyzing qualitative data. The hypothesis is that, although they are not observed in their entirety at the time of the judicial decision, the Technical Notes issued by NATJUS, as well as their creation and maintenance by the Court of Justice of Maranhão, contribute to guaranteeing greater effectiveness of judicial decisions about the demands postulated in the Public Health Court of São Luís, being able to relieve the Maranhão Judiciary. The investigation was structured with the objective of evaluating the performance of the NATJUS for a greater effectiveness of the judicial decisions about the demands postulated in the Public Health Court of São Luís/MA and in the specific objectives it was aimed to understand the right to health as a fundamental right and already consolidated in the International Legal Order and in the Brazilian context, presented from its conceptualization and identification as a fundamental social right to the historical evolution of fundamental rights; the influence of the utilitarian theory on the judicialization of health was analyzed for a better understanding of the need for a technical body to assist the judiciary. Afterwards, not only the process of creation and execution of the Nucleus of Technical Support to the Judiciary (NATJUS) as an auxiliary body of technical-scientific assistance of the judiciary power was analyzed, as well as the respectability of the Technical Notes issued by it. With a view to reducing the demands on health brought to the Judiciary, these Technical Notes, whose content was analyzed, should be applied in practice, especially when considering that the nucleus deals with technical-specialized support, aiming to assist the Judiciary in its decisions. The development of the research adopted Stuart Mill's Utilitarian Theory as a theoretical framework and brought final considerations that, if the NATJUS decisions were respected and applied in fact, there would be a consequent decrease in health-related processes in the judiciary, however, for the little time of its installation and performance in Maranhão, it is still premature to say that it was possible to unburden the judiciary, since although the guardianships were granted on an urgent basis, many of these demands were not finalized because they are at an appeal level or in procedural movement, without final and unappealable decision, also noting that only the NATJUS separately will not resolve the judicialization, since health issues need to be rediscussed within the scope of the three powers in a shared way in order, to enable the right to health to be effective.