Demands for Health Judicialization: an integrative review

Abstract

Introduction: The judicialization of the right to health is something recent and growing in Brazil. These processes consist of the claim for health goods and services in court, by any Brazilian citizen, based on the 1988 Federal Constitution that guarantees the right to health. It is observed in studies that the greatest judicial demand occurs for medicines, and most of the lawsuits are accepted, a factor that brings up a discussion about the effectiveness of public health policies and access to health services and supplies offered by SUS. Objective: describe the demands for judicialization of health described in the last 6 years and understand the impacts of this phenomenon, social and financial before SUS. Methods: this is an integrative review where publications in health and law journals were evaluated from 2011 to 2017. Data collection was performed in the MEDLINE, PUBMED and LILACS databases using the controlled descriptors: Judicialization of health, Health policies and Right to health. The evaluation of the articles was done in a careful way, fragmented into seven levels of evidence, classified from I to VII, considering the evidence greater, as they approach I. Results: 11 articles were selected and all of them indicated level V of evidence. Conclusion: the judicial demands for medicines are confirmed as the first most deferred in the judiciary, with greater expenditure and the reflection on the risks offered to health policies and SUS emerges.