DIREITO À SAÚDE E ORÇAMENTO PÚBLICO: o protagonismo político do Poder Judiciário no cenário maranhense (2011 a 2014)

Abstract

The aim of the present study is to analyze the right to health as of its economical and political aspects, in face of the proper use of public resources allocated to health policies, and the institutional and political protagonism of the Judiciary Power in the deciding processes on health thereof. The proposed methodology is based on the historical dialectic materialism, taking into account the dynamics of reality and its context. As to technical approach, the research was carried out making use of documental and comprehensive bibliographic research, examining rulings and proceedings pertaining to public health. For data collecting, the Information System on Public Health Budget, a system used by the Health Ministry for monitoring and assessing resources applied into the health sector, as well as the THEMIS PG 3.0 information system used by the Judiciary Power of the State of Maranhão, responsible for the control, follow-up, and distribution of First Instance processes in all counties of the State of Maranhão, in order to describe public health expenditures coupled with other social policies, as well as the interpretation of their response on the increasing role of the Judiciary Power on health demands, were used. The study highlights the right to health and its relation to Social Security, in the context of the changings of the Capitalist State, pointing out the standard social protection adopted by Brazil, as well as the Sanitary Movement which reverberate on the universalization of the right to health. Furthermore, the study analyzes the health policy nstituted by the Federal Constitution of 1988, and the performance of the Health Boards in elaborating health policies in the counties, and especially in the County of Sao Luis, MA-Brazil. And finally, the alleged political and institutional protagonism of the Judiciary Power is analyzed as to the demands on Public Health in the State of Maranhão, and the County of São Luis, within the SUS (Unified Health System) system.