Decisões estruturantes e políticas públicas de saúde: análise da eficácia das sentenças da Vara de Interesses Difusos e Coletivos do Termo Judiciário de São Luís-MA

Abstract

This dissertation aims to analyze the effectiveness of structural decisions of the Court of Diffuse and Collective Interests of the Judicial District of São Luís do Maranhão, aimed at implementing public health policies to guarantee the fundamental right to health, with the potential to restructure social reality. In this context, the research proposed to examine the structural decisions related to public health policies and the right to health, which required the intervention of the Judiciary during the time period from 2019 to 2023, with a sentence defined until the first half of 2024, analyzing the aspects based on procedural, social impact and qualitative indicators. The research was based on theoretical frameworks from authors such as Alexy (1991), Hesse (1998), Hack (2020) Vitorelli (2024) and Steffens (2021), covering the themes of fundamental rights, public health policies and the structural process. As a result, at the end of the data analysis, a total of 180 cases were obtained, delimited by the marker of subjects focused on the health area or public health policies and having as the territorial limit of application, the Municipality of São Luís do Maranhão. At the end, ten decisions were analyzed with a quantitative-qualitative method, with the result that 90% of the decisions were effective, while 10% of the decisions were considered ineffective. This index highlights the importance of the work of the Court of Diffuse and Collective Interests of the Judicial District of São Luís do Maranhão in relation to the implementation of public health policies, in which the social impact of these applications results in a change in the factual and legal reality in society.