Acesso à justiça e o direito à saúde

Abstract

Health in Brazil, though with the fundamental right constitutional provision does not correspond in practice to legal provisions. This is mainly because of the inertia of state entities that aim to evade the obligation to provide medicines, argue, among other reasons, lack of financial resources and its inability to supply, assigning responsibility to another entity. Thus, this article aims to address issues relating to the high growth of lawsuits in which the objective is to ensure, together with state entities, the supply of medicines to the population. Faced-also points concerning constitutional rights, notably health and access to justice as a way to seek the protection of the interest of citizens, as a fundamental right. Further, there was a historical sketch of the health issues in Brazil. Further, within this context and through deductive and quantitative methods, was intended to show how making the right to health, to the extent that it is an extremely connected to human dignity law. We sought to thus demonstrate the number of judicias demands in the District of Constantina / RS, in recent years, noting, where possible, the causes of the increase in stocks. Finally, we aimed to clarify what factors motivate the filing of numerous lawsuits due to the inertia of the state in the provision of these products by noting that the judicialization can be avoided through dialogue between the actors involved in the demands, favoring collective action to the detriment of the individual, in addition to prioritizing medicines produced in the country or possible generic substitution.