Judicialização da saúde: uma análise das sentenças proferidas pelo juizado especial de Parnaíba-PI no ano de 2024 acerca do fornecimento de medicamentos pela fazenda pública

Abstract

This monograph investigates the judicialization of healthcare within the context of the Special Court of Parnaíba/PI, focusing on judgments rendered in 2024 related to the provision of medicines by the Public Treasury. Faced with the growing demand for healthcare services and the perception of state inefficiency, the judicial path has become a frequent route for guaranteeing the right to health, raising debates about the separation of powers, the doctrine of the "reserve of the possible" (reserva do possível), and equity in access to treatments. The research was conducted through the analysis of twenty judicial decisions issued in 2024, highlighting the main legal grounds used, the role of the Public Defender's Office, the incidence of emergency injunctions, and the financial impacts resulting from judicialization. It was demonstrated that, although the Judiciary acts as an important guarantor of the fundamental right to health, the growing judicial demand entails a significant burden for the State, besides being a more time-consuming path for the requesting parties. It is concluded that, while judicialization is an essential mechanism for the realization of the right to health, it also imposes challenges on public management and the sustainability of the healthcare system, especially when the Judiciary delves into the merits of public policies. The analysis of the judgments indicates the continuous need for interinstitutional dialogue and the strengthening of alternative means of conflict resolution in healthcare to mitigate reliance on the judicial route and ensure equitable and efficient service to the population's needs