Judicialização da saúde pública no Maranhão: uma análise do direto coletivo à saúde no contexto pandêmico

Abstract

The judicialization of public health has become a topic of great relevance in Brazil, especially during the pandemic context. In the state of Maranhão, it is no different. The guarantee of collective right to health has been constantly sought through legal actions, as the public health system often fails to meet all the population's demands. Thus, the following problem arises: What is the impact of the judicialization of public health in Maranhão during the pandemic context, considering the collective right to health? The general objective of this research is to analyze the impact of the judicialization of public health in Maranhão, within the pandemic context, focusing on the collective right to health, in order to understand its implications and contribute to the formulation of strategies that promote a more effective and equitable management of the healthcare system. To achieve this objective, an analysis of health judicialization in Maranhão and collective right to health in the pandemic context was conducted. Initially, the legal provisions related to the right to health in Brazil are presented, highlighting the 1988 Constitution as a milestone, as well as comparing it to international provisions. Next, the role of Brazilian administrative law in guaranteeing the right to health is discussed, with emphasis on the importance of implementing the Organic Health Law and complementary laws. Subsequently, aspects related to the need for health judicialization are discussed, both in a general context and specifically focused on public health. The increase in judicialization processes due to the coronavirus pandemic is also analyzed, highlighting the challenges faced by the Brazilian healthcare system and the judicial demands in the state of Maranhão. In the section on health judicialization amidst the pandemic in the state of Maranhão, the congestion of the Brazilian healthcare system, the legal actions related to public health, and the conflict between the right to health and the available resources are explored. The importance of finding a balance between guaranteeing the right to health and the financial feasibility of the system is emphasized. In the last section, the research's conclusions are presented, emphasizing the need to promote social participation and transparency as mechanisms to prevent judicialization. In addition, strategies such as legal education for healthcare professionals, the implementation of mediation and conciliation mechanisms, and a multidisciplinary approach are discussed to address this complex phenomenon. The

methodology adopted in this monograph will consist of a qualitative approach, based on documentary research and analysis of case law. Research will be conducted on legal databases, such as the Maranhão courts and higher courts, to identify and analyze legal actions related to public health in the state during the pandemic period. In summary, the aim is to contribute to the understanding of health judicialization in Maranhão and the analysis of collective right to health in the pandemic context, as well as to identify challenges and propose solutions to promote a more equitable, efficient, and sustainable healthcare system through social participation, transparency, and improvement of public policies.