DIREITO À SAÚDE E JUDICIALIZAÇÃO: Uma análise do cumprimento das decisões judiciais proferidas em sede de tutela antecipada de urgência pela Vara de Saúde Pública de São Luís/MA

Abstract

This dissertation aims to discuss the extent to which the fundamental right to health is being guaranteed by analyzing compliance with court decisions granted in urgent preliminary injunctions by the Public Health Court of São Luís against the State of Maranhão. To this end, the general objective is to analyze compliance with court decisions issued provisionally by the Public Health Court of São Luís against the State of Maranhão in cases filed between 2021 and 2024. To achieve the proposed results, some specific objectives were formulated. We sought to understand the historical context of the right to health through a study of fundamental rights, the right to health, and the right to health in the 1988 Federal Constitution and internationally, beyond the judicialization of the right to health. Subsequently, we conducted an investigation into the universality of the right to health, including an in-depth study of Norman Daniels's Opportunity Principle (1942), in addition to investigating health as a social right. Finally, the court decisions granted by the Public Health Court of São Luís, in cases involving the State of Maranhão as defendant, were analyzed. The collected data were presented and correlated with the guarantee of the fundamental right to health. To achieve these objectives, the inductive method was adopted as the methodological approach, following the understanding of Gustin, Dias, and Nicácio (2020) and Fonseca (2009). The procedural methods employed were diagnostic legal and critical sociolegal, also in accordance with the precepts of Gustin, Dias, and Nicácio (2020) and Fonseca (2009). Furthermore, this research is qualitative in nature, using data collection as a research technique through document analysis and bibliographic review. In the end, it was possible to prepare a diagnosis regarding compliance with the decisions, with the finding that the fundamental right to health is not being guaranteed to the entire population, as well as the presentation of critical reflections arising from the research carried out.