Judicialização e direito a saúde: Uma análise dos fundamentos das decisões do Tribunal de Justiça do Estado do Maranhão sobre o acesso a medicamentos como forma de alcance dos Objetivos de Desenvolvimento Sustentável da Organização das Nações Unidas

Abstract

This research aimed to analyze the foundations of the decisions of the Court of Justice of Maranhão (TJMA), on the subject of health related to access to medicines, as a way of guaranteeing the effectiveness of goal 3.8 of Agenda 2030, of the 3rd Sustainable Development Goal (SDG) of the United Nations (UN), in the city of São Luís (MA), considering the period between 2016 and 2020. The central discussion of this research was based on the idea of justice based on equity in relation to access to health, based on the theories of John Rawls (2016) and Norman Daniels (2008), who privilege their theories anchored in institutions for the promotion of what they understand to be fair. This research was in line with the objectives of the Graduate Program in Law and Institutions of the Justice System (PPGDIR), in the research line of “Dynamics and Effectiveness of Institutions of the Justice System”, since it sought to know how the Maranhão's Justice System can offer devices to be more efficient, and based on this knowledge, make its actions more productive, contributing to a more inclusive society. The hypothesis is that the judicialization of health is an important instrument in guaranteeing the achievement of target 3.8 and, with that, two assumptions were defined: the judicialization of health impacts on the elaboration of public policies and has the propensity to promote social justice and equity to to the extent that it enables access to health resources related to access to medication. In order to reach the hypothesis and assumptions, specific objectives were outlined, namely: understanding the universalization of health from the perspective of John Rawls's Theory of Justice (2016) and Norman Daniels' Theory of Health (2008); apprehend if there is effectiveness of the 3rd SDG, target 3.8; and to evaluate how public health policies in the city of São Luís (MA) were influenced by TJMA decisions. This is a quantitative-qualitative, descriptive-explanatory, documental study. Data collection was carried out from the primary sources of processes related to the supply of medicines, with authorized access to lawyers, on the website pje.tjma.jus.br. The analysis of the research data was based on the Content Analysis developed by Laurence Bardin (2016). After analyzing this research, it was inferred that the central hypothesis raised, that "the judicialization of health has a propensity to guarantee the effectiveness of target 3.8 in the state of Maranhão, more precisely in the municipality of São Luís", despite not being conclusively, indicates that judicialization is a present phenomenon as a way to boost the guarantee of access to medicines, and also capable of promoting public policies, such as the creation of the Specialized Health Court in the Comarca of São Luís and the Health Conciliation Center . Therefore, although the points presented at the end of the research do not demonstrate a direct correlation between TJMA decisions on the issue of health related to access to medicines in the city of São Luís (MA), and the achievement of goal 3.8 of Agenda 2030 of the 3rd Objective of the ODS, of the UN, it is possible to intuit that, indirectly, the judiciary sought to provide access to safe, effective and quality medicines offered by the Unified Health System (SUS).