Garantia constitucional ao acesso a saúde: uma análise acerca de novos métodos para efetivar a inclusão de grupos vulneráveis

Abstract

Health judicialization phenomenon is a term used to define the significant growth of lawsuit aiming healthcare access. The judicial search for actualization of the constitutional health warranty is used by some people to get medicines judicially. Patients who need medicines, mostly with exorbitant values and don’t have financial condition to purchase them find in the law an instrument to safeguard their constitutional right of healthcare access. The aim of this paper is to comprehend what is the less bureaucratic way to have access of special medicines required. The method used was documental and bibliographic research. Further more scientific articles, electronic documents and legislative legal provisions that approach the theme: constitutional guarantee of healthcare access, were analyzed. Scientific articles and official documents published in the last ten years in Brazil were used as source. Through this paper it was possible to identify a more efficient way than judicialization itself. The method is able to help the patients who need medicines to maintain their life quality and not to worsen their health condition with the long wait that they have to face in a judicial process. Throughout this paper it was also possible to understand how the availability of the medicines or health treatment happens by court.