A atuação judicante e a política de saúde

embaraço ou auxílio

Abstract

This study had as a research problem the analysis of judicial decisions related to health, filed in legal proceedings initiated between 2010 and 2014, in the municipalities of Porto Velho, Ji-Paraná, Ariquemes, Vilhena and Cacoal, with their impacts on the municipal budget. The scientific method used in this work was the inductive one. The empirical research carried out an  exploratory study of the progress of the judicial processes (3356 cases), LOAs (Annual Budget Law), municipal accounts rendered to the Court of Auditors, and the RREO (Budget Execution Report) records of the period. The main findings of this  research were: the municipal judicialization in Rondônia is a small phenomenon that is stabilized; there is a preponderance of  individual demands (97.62%); the majority (88.20%) of the municipal health judicialization was provoked by state agentes  (Public Defender’s Office and Public Ministry); the most sought providence in the judicialization were Medicine (56.60%), Food  Supplement (6.38%), Supplies (6.28%) and Exams (6.03%); the arguments favorable to the judicialization of health are  supported by the magistrates; the reaction of the Executive is not significant, since in only 8% of the cases there was an  aggravation, and in only 29.20%, volunteer offer; the injunction was granted in 83.95% (1658) of the cases; 77.56% (1286) of the  injunction proceedings were voluntarily complied with, and only 22.44% (372) of the cases were value-based confiscated and  total confiscation cost less than 1% of total expense spent on health; volunteer law enforcement spending was not higher than  14.67%, causing a low financial impact on municipal budgets. As a conclusion, it was evidenced that the municipal health  judicialization in Rondônia is an important instrument for citizen assistance – allowing the latter access to denied services – and  to the Public Health Policy - indicating the inefficiencies of the system and correcting the omissions of assistance.